WHEREAS‚ under Article 218(3) of the Constitution
of the Islamic Republic of Pakistan it is the duty of the Election Commission to organize and conduct an election and to make such arrangements as are necessary to ensure that the election is conducted
honestly‚ justly‚ fairly and in accordance with law and that the corrupt
practices are guarded against;
AND WHEREAS‚ Article 220 of the Constitution read with Section 5 of the
Representation of the People Act‚ 1976 (hereinafter called the Act)
envisage that it shall be the duty of all executive authorities in the
Federation and in the Provinces to assist the Chief Election Commissioner
and the Election Commission in the discharge of his or their functions;
AND WHEREAS‚ Section 104 of the Act provides that anything required to be
done for carrying out the purposes of the Act‚ for which no provision or no
sufficient provision exists shall be done by such authority and in such
manner as the Commission may direct;
AND WHEREAS the Hon'ble Supreme Court of Pakistan vide its Judgment dated 8
th June‚ 2012 passed in Constitution Petition No. 87/2011 (Workers Party
Pakistan and others vs. Federation of Pakistan and others) has observed
that the Election Commission is empowered to check not just illegal action
relating to the election (violating the limits set for campaign finance‚
etc.) or corrupt practices (bribery‚ etc)‚ but is also empowered to review
all election activities‚ including jalsas‚ Jaloos‚ use of loud speakers‚
etc. for their effects on the standard of ‘fairness‚ justness and honesty'
that elections are expected to meet and that the Commission is also
empowered to take preemptive measures to ensure that the spirit of
democracy and ‘fairness‚ justness and honesty' of elections is fully
observed;
AND WHEREAS bye-election in Constituency *No. NA-151 Multan-IV* is
scheduled to be held on *19.07.2012* and it is expedient to issue the
following Directive to ensure free‚ fair and transparent bye-election and
to guard against corrupt practices;
NOW‚ THEREFORE‚ in exercise of the powers conferred upon it under Articles
218(3) and 220 of the Constitution read with Section 104 of the Act and
pursuant to the directions of the Hon'ble Supreme Court in the judgment
supra and all other powers enabling it in that behalf‚ the Election
Commission is pleased to direct that:
*ELECTION EXPENSES*
i) None of the contesting candidates shall exceed the
limit of election expenses of Rs. 15‚00‚000/- (rupees one million and five
hundred thousand) in terms of sub-section (2) of Section 49 of the
Representation of the People Act 1976;
ii) Each contesting candidate shall open an account with
a scheduled bank on or before the 29th June‚ 2012 and deposit therein the
amount not exceeding Rs. 15‚00‚000/- to meet the election expenses;
iii) All election expenditures shall be made out of the
amount deposited in the aforesaid account;
iv) No transaction towards the election expenses shall be
made through an account other than the account opened for the purpose;
v) All transactions relating to the election expenses
shall be entered with GST registered firms;
vi) Each contesting candidate shall file a declaration *
(Annex-A)* to the above effect on or before the 29th June‚ 2012 after
issuance of this directive with the Returning Officer;
vii) Every contesting candidate shall maintain his account of
election expenditure on day-to-day basis;
viii) Each contesting candidate shall submit to the District
Returning Officer on every Thursday of the campaign period‚ a statement of
election expenses made by him during the preceding week in terms of Section
50 of the said Act;
* *
*ELECTION CAMPAIGN*
* *
i) Car rallies are not allowed to travel long distances
except if they have pre-arranged corner meetings at specific designated
places. These meetings shall be notified to the ordinary public by the
local administration. The local administration must also ensure that all
candidates are accommodated indiscriminately.
ii) No person or a political party shall affix posters‚
hoardings or banners larger than the sizes prescribed below:
(a) Posters 2-feet x 3-feet
(b) Hoardings 3-feet x 5-feet
(c) Banners 3-feet x 9-feet
(d) Leaflets/Handbills 9-inches x 6 inches
iii) No person or a political party shall hoist or fix party
flags on any public property or at any public place‚ except with the
permission in writing from‚ and on payment of such fee or charges as may be
chargeable by the concerned local government or authorities.
iv) Wall chalking as part of an election campaign shall be
prohibited in all forms.
v) Loudspeakers shall not be used for election campaign
except at the election meetings.
vi) The political parties and candidates shall convey their
schedule of meeting at least one week in advance to the local
administration;
vii) Local Administration shall be responsible for making
appropriate security arrangements and regulating such meetings in such a
manner that equal opportunities are provided to the contesting candidates
interested in holding rallies and meetings;
viii) The contesting candidates shall follow the Code of Conduct
for the political parties and contesting candidates issued for General
Elections‚ 2008 except in so far as it is inconsistent with this Directive
and the aforesaid judgment of the Hon'ble Supreme Court of Pakistan.
ix) The Election Commission shall review all election
activities including Jalsas‚ Jaloos and use of Loudspeakers etc. in order
to ensure the fairness‚ justness and the honesty of the election process.
*CAMPS NEAR POLLING STATIONS*
* *
i) Establishment of camps near the polling stations on
the polling day in the aforesaid constituency by the political parties‚ the
contesting candidates or their supporters is hereby banned in terms of
Section 84 of the Act and the aforesaid judgment of the Hon'ble Supreme
Court of Pakistan.
ii) Canvassing for votes‚ soliciting of votes‚ persuading
any elector not to vote at the election or for a particular candidate‚ or
exhibiting any notice‚ sign‚ banner or flag designed to encourage the
electors to vote or discourage the electors from voting for any contesting
candidate is prohibited within a radius of 400 yards of the polling station
in terms of Section 85 of the Act and the aforesaid judgment of the Hon'ble
Supreme Court of Pakistan.
iii) No political party or a contesting candidate or their
supporters are allowed to distribute *Perchis* containing voters' details
i.e. name‚ parentage‚ gharana number‚ serial number etc or any
*Perchis*containing symbol of a political party or contesting
candidate near or in
the vicinity of polling station on the polling day i.e. within the radius
of 400 yards of the polling station.
*PROVISION OF TRANSPORT TO THE VOTERS*
* *
i) No political party or a contesting candidate or an
election agent or their supporters shall use any vehicle to convey to or
from the polling station any elector except himself and members of his
immediate family in terms of Section 78 (5) of the Representation of the
People Act‚ 1976;
ii) Any violation of the above directive is a corrupt
practice under Section 78 of the said Act and punishable with imprisonment
for a term which may extend to three years or with fine which may extend to
five thousand rupees or with both within the meaning of Section 82 of the
said Act.
*CONSTITUENCY MONITORS*
* *
i) Three members' teams‚ one of whom shall be a
professional cameraman with a video camera‚ shall monitor the election
process including campaign expenditure and observance of Code of Conduct by
contesting candidates and political parties. The teams shall report to the
Provincial Election Commissioner concerned on daily basis;
ii) The Local Administration shall provide necessary
security to each team during the duration of their monitoring in the
constituency;
iii) The District Returning Officer shall hold meetings with
the candidates and apprise them of the relevant laws‚ rules and the
aforesaid judgment of the Hon'ble Supreme Court of Pakistan pertaining to
the code of conduct and election campaign expenses etc.
*All concerned are required to follow the aforesaid Directive in letter and
spirit and any violation thereof shall be dealt with in accordance with the
relevant provisions of the Constitution‚ the law and the aforesaid judgment
of the Hon'ble Supreme Court of Pakistan.*

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