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Directives for Ensuring Fair and Transparent Bye-Elections

Islamabad: Keeping in view the forthcoming bye-elections scheduled to be held on 7th May 2012 in PP-243 DG Khan-IV and PP- 245 DG Khan-VI of the Provincial Assembly of Punjab, the Election Commission of Pakistan has issued directives for holding the said bye-elections in a transparent, impartial and free environment as it is its Constitutional duty to organize and conduct elections honestly, justly, fairly and in accordance with law and to guard against any corrupt practice. Moreover, as envisaged under Article 220 of the Constitution, it is the duty of all executive authorities in the Federation and Provinces to assist the Commission in the discharge of its duties, therefore, the Commission issues the following directions to be implemented in letter and spirit:

(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 a candidate or party for participating in any election to be held hereinafter;

(ii) If any person in the service of Pakistan misuses his official position in any manner calculated to influence the result of the election, 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) Bulk transfers/postings of the civil servants shall not be made after the issuance of Schedule of an election till the completion thereof;

(iv) Individual transfers/postings of civil servants shall also not be made after the issuance of Schedule of an election except under exceptional circumstances, in exigency of service and in public interest, with prior approval of the Election Commission.

(v) After the issuance of Schedule of an election, the Prime Minister, Chief Minister, Federal Ministers, State Ministers, Advisors to the President and the Prime Minister, Provincial Ministers and Advisors to the Chief Ministers will neither visit the area of any constituency where an election is being held nor shall openly or in secret give any subscription or donation or make promise for giving such subscription or donation to any institution of a constituency, nor shall inaugurate, commit to undertake or announce any development project therein for the advancement of the campaign of a candidate of his choice and thereby influence the results of that election.

(vi) The Prime Minister, Chief Ministers, Federal Ministers, State Ministers, Advisors to the President and the Prime Minister, Provincial Ministers and Advisors to the Chief Ministers or any person on their behalf shall not visit the Constituency or a polling station after the issuance of Schedule of an election till the completion of poll.

(vii) If any of the public office holders mentioned in para (v) and (vi) above is found to have misused his official position to influence the result of an election in any manner whatsoever, legal action shall be taken against such person in accordance with law under section 103A of the Representation of the People Act, 1976, relating to contempt proceedings.

For more information, contact:
Election Commission of Pakistan (ECP)
Election Commission of Pakistan Secretariat
Election House, Constitution Avenue G-5/2, Islamabad
Tel: +9251 920 1975, +9251 920 6062
Fax: +9251 920 5402, +9251 920 5300

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