CHIEF ELECTION COMMISSIONER ORDERS NOT TO ANNOUNCE DEVELOPMENT PROJECTS IN ANY CONSTITUENCY WHERE BYE-ELECTIONS ARE BEING HELD.
Islamabad the 18th January, 2010
No.F.8(1)/2010-Cord.- Under Article 219 (b) of the Constitution of the Islamic Republic of Pakistan the Chief Election Commissioner is charged with the duty of organizing and conducting election to the Senate or to fill casual vacancies in a House or a Provincial Assembly;
WHEREAS, Article 220 of the Constitution envisages that it shall be the duty of all executive authorities in the Federation and in the Provinces to assist the Chief Election Commissioner and the Election Commission in the discharge of his or their functions;
WHEREAS, Section 104 of the Representation of the People Act, 1976 provides that anything required to be done for carrying out the purpose of the 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;
WHEREAS, Section 108 (2) of the Representation of the People Act, 1976 lays down that for the purpose of holding an election to fill a casual vacancy in an Assembly, and, during the period when a Commission does not stand constituted for the purpose of section 107, reference in the Act to the Commission shall be construed as reference to the Commissioner;
NOW THEREFORE, in exercise of the powers conferred upon him under Articles 219 (b), 220 of the Constitution read with sections 104 and 108 of the Representation of the People Act, 1976 and all other powers enabling him in that behalf, the Chief Election Commissioner is pleased to direct that:
(i) The executive authorities in the Federation and in the Provinces shall not use State resources anywhere in Pakistan for unfair advantage of a particular candidate or political party nor exercise undue influence affecting the interest of such candidate or party for participating in any bye-election to be held hereinafter throughout the country;
(ii) If any person in the service of Pakistan misuses his official position in any manner calculated to influence the results of the elections, he may be tried by a Court of Sessions as contemplated under Section 95 of the Representation of the People Act, 1976, and, if found guilty of the offence may be punished with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees, or with both under Section 92 of the Act;
(iii)Till the day of polls for any bye-election, no person in service of Pakistan, including Zila Nazims, Naib Zila Nazims, Tehsil/Town Nazims, Naib Tehsil/Town Nazims or any person on his behalf shall openly or in secret give any subscription or donation or make promise for giving such subscription or donation to any institution of his respective area or to any other institution, nor shall commit to undertake any development project in his respective areas for the advancement of the campaign of a candidate of his choice and thereby influence the results of that bye-election.
(iv)If any of the Zila Nazims, Naib Zila Nazims, Tehsil/Town Nazims, Naib Tehsil/Town Nazims misuses his official position to influence the result of a bye-election in any manner whatsoever appropriate proceedings shall be initiated against such Nazim, or as the case may be, Naib Nazim, for his disqualification to hold his respective office.