Is the governments new election act defanging an independent ECP?
The governments new Election (Amendment) Bill 2021 has been passed by the National Assembly and is now on its way to the Senate. But before the Assembly voted on the bill, the Election Commission of Pakistan (ECP) examined 72 clauses of the Act and objected to 44 amendments proposed by the government. An ECP official tells Geo.tv that its proposed changes were not incorporated in the final bill. Election Act 2021:  The new Act states that only a Returning Officer can reject a ballot paper at the time of consolidation of results. ECPs objection:  The ECP states that this new provision takes away the power from a presiding officer to reject a ballot paper, when in practice, the presiding officer was authorized under Section 90(8) of the Election Act 2017 to exclude a vote from count if it appeared doubtful. Election Act 2021:  The Act reduces the period given to the ECP to declare an election void, in case of grave illegalities. The Commission earlier had 60 days to conduct an inquiry and declare a poll void, but the new Act reduces the probe period to 30 days instead. ECPs objection:  The proposed amendment, argues the ECP, seeks to reduce the inquiry period from 60 days to 30 days which shall practically render the holding of an inquiry impossible. Election Act 2021:  The Act insists that complaints by any person against the action of a political party or a candidate, who has violated a Code of Conduct, be made to the ECP before the day of the poll. The previous Act did not have any such time bar. ECPs objection:  In response, the ECP states that the redressal of a complaint is a fundamental right which should not be restricted. Election Act 2021:  The new Act insists that the delimitation of constituencies be on the basis of equal number of voters in every constituency of a province. ECPs objection:  The ECP states that this amendment is in conflict with Article 51 of the Constitution, which provides that the allocation of seats shall be made on the basis of population, not the basis of voters. The amendment will result in enhancement of seats in urban areas due to temporary addresses of voters . This may lead to resentment in underdeveloped areas, it adds. Election Act 2021:  The new Act has taken away from the ECP the power to:  appoint registration officers  preparation of preliminary electoral rolls  appointment for revising officers  transfer of name from one electoral area to another  inquiry into claims and objections  revision of electoral rolls  sharing of information with NADRA. ECPs objection:  The ECP states that periodic revision of electoral rolls is one of the primary duties of the ECP under the constitution, adding that the basic duty of the ECP has been taken away from the ECP and handed over to NADRA, which is working under the administrative control of the federal government. It goes on that taking away its powers to appoint registration officers will render the Commission powerless.  Election Act 2021:  Under the new Act, NADRA will send information of a new card holder to the ECP to register as a fresh voter. But now, the voters will be registered in an electoral area which is located within the jurisdiction of the office of the National DataBase and Registration Authority. ECPs objection:  The proposed amendment, states the ECP, will lead to a shift in power of the registration of a voter to NADRA. It adds that giving power to NADRA to assign electoral areas is tantamount to giving NADRA the power to register voters when it is an exclusive power of the ECP under the Constitution. Election Act 2021:  As per the new Act, information regarding the death of a person will be submitted to NADRA. ECPs objection:  The ECP states that this amendment seeks to give the right to correction of electoral rolls to NADRA and further empowers it [NADRA] despite the fact that NADRA has no constitutional mandate to prepare electoral rolls.  Election Act 2021:  The amendment allows a candidate to challenge before the ECP the appointment of a polling officer. ECPs objection:  To this the ECP states that the amendment will open doors of unlimited challenges as no candidate will be satisfied with the appointment of a polling staff. Adding that the filing of objection has already been provided for in the 2017 election law. Election Act 2021:  The new law insists that no official working in a constituency shall be appointed polling staff. ECPs objection:  To which the ECP states that that is not feasible, as almost half the polling staff is female and it will be difficult for them to stay the night in far flung areas. Election Act 2021:  The Act states that in case a person is physically impaired or cannot use stairs, the polling staff must provide him/her appropriate facilities. ECPs objection:  The ECP simply states that the amendment is not supported without an explanation. Election Act 2021:  The Act calls for extending the right to vote to overseas Pakistanis. ECPs objection:  The ECP responds that the amendment does not provide as to how the technical efficacy, secrecy, security and financial feasibility will be finalized to give overseas Pakistanis voting rights. Election Act 2021:  The new Act insists that political parties shall submit their final priority list for reserved seats three days after the general election. ECPs objection:  This the ECP notes will make it impossible for it to declare election results on all seats, including reserved, 14 days after the polls, which is a requirement of the Constitution. Election Act 2021:  The new amendment adds that the election for the members of the senate be held by open ballot. ECPs objection:  To which the ECP states that the matter should be seen in context of the verdict of the Supreme Court last year.