(CEC Directive 48 hours before polling )
Islamabad, the 20th April, 2010
No.F. 8(1)2010-Cord.- WHEREAS, the Election Commission of Pakistan has received complaints to the effect that despite the fact that the period of forty-eight hours beyond which political campaign is not allowed in accordance with the provisions of Section 84 of the Representation of the People Act, 1976 (hereinafter to be called the Act), some Television Channels relayed Talk Shows, etc., targeting a particular candidate or a political party in the bye-elections recently in different constituencies, which has seriously impaired the fairness and impartiality of the electoral process.
AND WHEREAS, Article 218(3) of the Constitution of the Islamic Republic of Pakistan read with Article 5 (3) of the Election Commission Order, 2002 envisages that it shall be the duty of the Election commission to organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.
AND WHEREAS, Article 6 of the Election Commission Order, 2002 empowers the Election Commission to issue such directions or orders as may be necessary for the performance of its functions and duties, including an order doing complete justice in any matter pending before it.
AND WHEREAS, under Article 219 of the Constitution read with Section 108 of the Representation of the People Act, 1976 it is, inter alia, the responsibility of the Chief Election Commissioner to organize and conduct election to fill casual vacancies in a House or a Provincial Assembly.
AND WHEREAS, Section 84 of the Representation of the People Act, 1976 provides that no person shall convene, hold or attend any public meeting, and no person shall promote or join in any procession, within the area of any constituency during a period of forty-eight hours ending at midnight following the conclusion of the poll for any election in that constituency.
AND WHEREAS, Section 104 of the Representation of the People Act, 1976 read with Section 108 thereof provides that anything required to be done for carrying out the purpose of this Act, for which no provision or no sufficient provision exists shall be done by such authority and in such manner as the Commission may direct.
NOW, THEREFORE, in exercise of the power conferred under Article 218(3) of the Constitution, Articles 5(3) and 6 of the Election Commission Order, 2002 and Section 104 of the Representation of the People Act, 1976 read with Article 219 of the Constitution and Section 108 of the Representation of the People Act, 1976 as well as all other powers enabling him in that behalf, the Chief Election Commissioner of Pakistan hereby directs as under:
i) that no Television Channel shall broadcast anything that affects the public opinion in favour of or against a particular political party or a candidate after the period, beyond which, a political party or a candidate under the law is not allowed to run election campaign.
ii) that the Pakistan Electronic Media Regulatory Authority (PEMRA) shall ensure the compliance of aforesaid directive by each and every TV channel.
iii) In case of violation of this directive, appropriate prosecution shall be initiated against such TV Channel in accordance with the provisions of law.
By order of the Chief Election Commissioner of Pakistan,
Sd/-
(Ishtiak Ahmad Khan)
Secretary
Election Commissioner of Pakistan