Islamabad: In order to give more authority to the Election Commission regarding changes in the date of election and election programme, the Election Commission has recommended amendment of 57 (1) and 58 of the Election Act, 2017.
The proposed draft for parliamentary affairs related to the amendment of the Election Act has come out.
After the amendment in Section 57 (1), the Election Commission will have the authority to propose the polling day for the elections, while under Section 58, the Election Commission will also have the authority to issue the election schedule. By amending Section 58, the role of the Election Commission will be strengthened and no one will be able to interfere.
According to the draft, only the Election Commission will be authorized to announce the date for the general elections.
Amendments have also been recommended to remove ambiguity in the change of election program or re-giving of election program. The Election Commission will be able to change the election program at various stages and give a new election date and new election program with written reasons.
The Election Commission has prepared to send the amendment draft to the Secretary Parliamentary Affairs. The Secretary Election Commission also mentioned the reasons behind the amendments in a letter sent to Parliamentary Affairs.
According to the text of the letter, the Election Commission is an authoritative body, so it is its responsibility to conduct clean and transparent elections, while the mandate of the Election Commission to conduct elections is not subordinate to anyone. According to the constitution, the Election Commission has to decide whether the circumstances are to hold an election or not.
Recent judgments of the Supreme Court deprived the Election Commission of exercising the powers enumerated in Article 218(3). According to 218(3), the Election Commission has to review the circumstances and decide to hold the election.
The Supreme Court’s Worker Party case and Al-Jihad Trust case defined the role of the Election Commission. According to the Worker Party case, it is the responsibility of the Election Commission to conduct the election and make all necessary arrangements before the election.
According to the Al-Jihad Trust case, it cannot be said that the Chief Election Commissioner is subordinate to any authority to discharge his responsibility.
No provision of the constitution supports giving the date of the election of the President after the dissolution of the National Assembly or the end of the term, therefore the announcement of the election date by the President in the Election Act 2017 is against the constitutional intention, so to remove this ambiguity 57(1) and 58 are recommended to be amended for
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