The country’s top electoral authority has proposed several changes to election rules on Saturday. It invited political parties to file their objections or suggestions by October 7.
In a notification, the Election Commission of Pakistan announced that it has brought changes to 18 clauses of the Election Rules, 2017, for which five forms have been issued.
Candidates would be required to operate a separate bank account for poll expenses.
The decision was taken a day after the ECP told the people to prepare for chilly elections in the last week of January but again fell short of announcing any date. The time frame also exceeds the constitutionally mandated limit after the premature dissolution of the National Assembly.
“The present situation so warrants and it is expedient to carry out further amendments in Rules 51, 52(3), 56(3), 66(4), 71(2), 84(4), 85(2), 87(2), 134(1), 134(2), 134(2A), 134A, 137(1), 143(1), 143(4), 158(1), 158(3), 161(1), Form41(g), Form41(h)(ii), Form 67, Form 68, and Annexures, and Form 69,” said the notification.
The following are among the salient changes proposed by the commission in the Election Rules:
Rule 51 (nomination papers)
Candidates will have to open an exclusive bank account or dedicate an existing bank account to maintain transactions of election expenses.
They will also have to attach a bank statement starting with entries of seven days prior to the election schedule.
“The bank account so opened or dedicated shall not be a joint signatory account.”
Rule 52-3 (deposit for nomination)
The sum deposited by a candidate shall be nonrefundable and shall be deposited in the government treasury.
Rule 56 (contesting candidates list)
The returning officer shall publish the list of contesting candidates with their respective symbols at some conspicuous place in his office and furnish a copy thereof to the contesting candidates, district election commissioner, provincial election commissioner, and to the commission, which shall upload it for display on its website.
Rule 66 (RO shall place counterfoils of ballot papers)
After the ballot papers have been issued to all the voters, the returning officer shall place all the counterfoils of the postal ballot papers in one or more packets and sign and seal the same and record on the packet(s) a brief description of its contents, the number of counterfoils contained therein, the name of the constituency and the date on which he/she seals it.
Form-41 (h)(ii)
If the cover does not reach the Returning Officer before the poll day, your vote will not be counted.
Sub-rule 4 of Rule 84 (results)
If, for any reason, the results are incomplete by 02:00am on the day immediately following the polling day, the returning officer shall communicate to the commission provisional results as consolidated till that time along with reasons for the delay, in writing, while listing the polling stations from which results are awaited and thereafter shall send the complete provisional results as soon as compiled but not later than 10:00am.
Rule 85-2 (presence of agent)
In presence of contesting candidates and one of their election agents duly authorized by such candidate as may be present.
Rule 87-2 (sealed statement of results)
The provisional and final consolidated statement of results of the count and final consolidated results shall be sealed by returning officer.
Sub-rule (r) of Rule 34 (register of receipts)
A candidate shall maintain a register of receipts and payments (cashbook), record/details of bills, invoices, deliveries challans, receipts, acknowledgements and vouchers in support of every payment made in respect of election expenses.
Sub-rule (z) of Rule 34 (details of expenses)
The contesting candidate shall submit detail of election expenses in Form C to the returning officer as well as detail of election expenses and detail of campaign finance in Form 67 and 68.
“Provided that if a candidate permitted a person to incur election expenses on his behalf, the candidate shall abide by the code of conduct and also maintain record/details of election expenses incurred for his election campaign by that person showing his name, copies of NIC/NICOP (resident of Pakistan having Pakistani NIC or overseas Pakistani holding NICOP issued by NADRA, types of expenses incurred, source of income of the person, address, phone number.”
Rule 143-1 (case management):
“Rs180,000 and election petition shall be decided within 180 of its filing and in case the petition is not finally decided within 180 the further adjournment sought by a party shall be granted only on payment of special costs ranging from Rs10,000 to Rs50,000 per adjournment and adjournment shall not be granted for more than three days.”
Rule 158-1 (submission of certificate to the commission regarding intra-party elections)
The party leader of each political party under their signature will issue a schedule of the intra-party election and inform the ECP 15 days before the conduct of the intra-party election.
Further, within seven days of the completion of intraparty elections, the party leader will submit a certificate to the ECP in Form-65 specifying that the intra-party elections were held in accordance with the party’s constitution and the provisions of the Elections Act along with a report covering the following aspects:
Rule 158-3:
The fine imposed by the ECP on the political party will be deposited in the government treasury.
