EC wants it only for pre-poll period

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The Election Commission (EC) might bring changes to the proposed code of conduct for parliamentary political parties, making it effective for only the pre-poll period, scrapping the earlier proposal for having the rules effective for an indefinite period of time.

According to the proposed code of conduct the pre-poll period has already begun with dissolution of the immediate past parliament on October 27, 2006, which will end with the publication of the ninth parliamentary election’s result through an official gazette.

It is supposed to become effective from the day after its promulgation, according to the original proposal.

“The Election Commission will now determine whether the code of conduct will become effective only after the announcement of the election schedule or even ahead of it,” a senior official of the EC Secretariat said referring to the new plan.

But the stringent provisions in the code of conduct for electoral parties and candidates will remain unchanged, and they will have to abide by the law once it becomes effective, sources in the EC said.

The originally proposed code of conduct said registered parliamentary political parties will have to abide by the law from the day after its promulgation.

Officials in the EC Secretariat said the EC plans to promulgate the code of conduct this month following the caretaker government’s assurance that the commission’s other electoral reform proposals will be made into laws.

“Once the electoral reform proposals are made into laws, the Election Commission will promulgate the code of conduct using its authority,” the senior EC official said.

If the EC promulgates the code of conduct this month without any modification in the earlier proposal, the electoral parties will be expected to abide by it from the very next day of its promulgation, at least 5 months ahead of the possible election schedule, which might be announced in early November.

But, if it is promulgated this month with the modifications, it will not be effective until the EC issues a gazette notification determining the period for its effectiveness, said the senior EC official.

“The Election Commission now plans to specify the period for the code of conduct’s effectiveness by issuing a gazette notification,” the EC official said referring to the new plan.

It means the commission now wants to somewhat relax the enforcement of the code of conduct, at least by shortening the period of its effectiveness, so the political parties may take their preparations for the poll without much restrictions, he added.

The existing code of conduct, which was promulgated in 1996, says the pre-poll period begins with the announcement of the election schedule and concludes with publication of the election results in an official gazette.

But this time around, the EC proposed to scrap the current rules suggesting to define the pre-poll period as starting from dissolution of the parliament and ending with publication of the election results through an official gazette.

STRICT PROVISIONS
Political parties will face some restrictions in carrying out their electoral activities during the pre-poll period once the code of conduct becomes effective.

The parties will not be allowed to bring out processions or hold rallies for election campaigns without prior permissions from proper authorities, according to the proposed code of conduct.

“Prior permissions from proper authorities will be necessary through informing them of the specific time, date, and place for holding any procession or meeting for any election campaign programme during the pre-poll period,” the proposed code of conduct says.

‘Authorities’ has been defined as district magistrates or officials authorised by district magistrates, and police commissioners in metropolitan areas.

The proposed code of conduct also recommends imposing a ban on holding rallies and processions that might obstruct free public movement.

It also suggests severe restrictions on pasting posters on walls and establishments in city corporation areas. None will be allowed to paste posters and leaflets on buses, trucks, launches, or on any other vehicle, according to the proposals.

Violation of the code of conduct will be made an offence, which will be punishable with imprisonment, fine and cancellation of candidatures.

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