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Download PDF The Election Commission (EC) has made a move to regain the authority to punish any person for contempt of the EC.
In its draft proposals for electoral reforms, the EC has recently inserted provisions that would give it the powers of the civil courts in some cases to try offences committed under the electoral laws and rules, sources in the EC said.
These provisions were not included in the original draft proposals, which were disclosed by the EC on April 5 and later distributed among the civil society personalities, legal experts and journalists, said the sources.
According to the proposal, the EC shall have the same power as the High Court Division to punish any person for its contempt.
The EC was given the power in 2001, but the then president Justice Shahabuddin Ahmad scrapped the provision by promulgating another ordinance in the face of severe criticism.
The EC now seeks revival of the power with some modification allowing appeal against its decision. The insertions in the draft proposals say that a person can appeal against EC’s decision if the Appellate Division of the Supreme Court grants his leave to appeal petition for filing the appeal.
The original provision, which was made law in 2001, had said no appeal shall lie from any decision of the Commission under clause (1), but the Commission, either suo moto or on application by the aggrieved person, review any such decision.
In addition to seeking these powers, the EC has already proposed to have the power again to cancel candidature on grounds of gross irregularities in election. The EC was given the power to cancel the candidature in 2001, but it was scrapped within a few days in the face of apprehension that the power might be misused.
Elaborating on the proposals, the EC said it would be treated as a civil court according to some sections (476, 480 and 482) of the Criminal Procedure Code 1898.
As for some powers of the civil court according to the Civil Procedure Code 1908, the EC proposed having the power to summon any documents preserved under the custody of any courts or any government offices during the investigation into any offence committed under the electoral laws.
Once the proposal is made into law, the EC can summon any person to appear before it and make statement by swearing.
The EC has already proposed strengthening the electoral enquiry committees, which are formed during the polls to check electoral irregularities, by increasing punishment for violation of the electoral laws.
In the draft proposals for massive electoral reforms, the EC wants to make mandatory registration of the political parties with provisions designed to ensure financial transparency and democracy within the parties.
It also proposed imposition of restriction on retired military or civil servants, loan and utility bill defaulters, NGO officials with regard to participation in the national elections.
The EC has also drafted stringent provisions relating to the code of conduct for the political parties and election candidates.
September 12th, 2007 at 5:48 am
Great one!
Hope it doesn’t change again!