The executive authorities in the Federation and in the Provinces shall not use the State resources anywhere in Pakistan for unfair advantage
Islamabad, the 20th November, 2007
NOTIFICATION
No.F.2(14)/2007Cord.- Article 218(3) of the Constitution of the Islamic Republic of Pakistan, 1973 provides that it shall be the duty of the Election Commission, constituted in relation to an election 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 the corrupt practices are guarded against;
WHEREAS, Article 220 of the Constitution envisages that it shall be the duly 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, 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 an order for the purpose of securing the attendance of any person or the discovery or production of any document and that any such directions or order shall be enforceable throughout Pakistan and shall be executed as if it had been issued by the High Court.
NOW THEREFORE, in exercise of the powers conferred upon it under Articles 218(3) and 220 of the Constitution read with Article 6 of the Election Commission Order, 2002 and all other powers enabling it in that behalf, the Election Commission of Pakistan has been pleased to direct that:
(i) The executive authorities in the Federation and in the Provinces shall not use the State resources anywhere in Pakistan for unfair advantage and further that they shall not exercise undue influence, affecting the interest of any person intending to contest election, a contesting candidate or a political party for participating in the forthcoming General Elections, 2007.
(ii) If any person in the service of Pakistan misuses his official position in any manner calculated to influence the results of the elections 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 no person in the service of Pakistan including Zila Nazims, Naib Zila Nazims, Tehsil Nazims, Naib Tehsil Nazims, Town Nazims, and Naib 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 area for the advancement of the campaign of a candidate of his choice and thereby influence the results of the forthcoming elections.
(iv) If any of the Zila Nazims, Naib Zila Nazims, Tehsil Nazims, Naib Tehsil Nazims, Town Nazims and Naib Town Nazims misuses his official position to influence the result of the forthcoming elections in any manner whatsoever appropriate proceedings shall be initiated against such Nazim, or as the case may be, the Naib Nazim, for his disqualification to hold his respective office.
By Order of the Election Commission,
Sd/-
(Kanwar Muhammad Dilshad)
Secretary