ISLAMABAD, July 5: The Election Commission has barred holders of public offices from misusing their official position to influence the outcome of an election in any manner whatsoever and has warned those found to have done so would have to face contempt proceedings entailing disqualification.

According to a notification issued by the commission on Thursday, the prime minister, chief ministers, federal ministers, ministers of state, advisers to the president and the prime minister, provincial ministers and advisers to the chief ministers or any person on their behalf will not visit the constituency and a polling station after an election schedule has been issued, till the completion of polls.

An official of the commission told Dawn that the notification had been issued ahead of the by-election in a constituency of Bannu scheduled for August 28, but would become part of the code of conduct for the next general election.

He said the provision of the code of conduct had blatantly been violated in the past by holders of public offices because no punishment was prescribed for it.

He pointed out that the Supreme Court had observed in a judgment on June 8 that the commission was empowered not only to act against illegal actions relating to the election or corrupt practices, but also to review all election activities for their affects on the standard of ‘fairness, justness and honesty’ that elections were expected to meet.

The court also held that the Election Commission was empowered to take pre-emptive measures to ensure that the spirit of democracy and fairness of elections was observed.

He said it was against this background that the commission for the first time had made it clear that legal action under section 103 of the Representation of the People Act of 1976 relating to contempt proceedings would be initiated against the public office-holders abusing their official position to manipulate poll results in any manner.

The holders of public offices have also been barred from inaugurating, committing to undertake or announcing a development project for the advancement of the campaign of a candidate of his choice and thus influence the result of election.

The notification said no executive authorities in the federation and the provinces should use state resources anywhere in the country for unfair advantage of a candidate or a party, nor exercise undue influence affecting the interest of a candidate or a party for participating in any election.

Government employees found to be misusing their official position in any manner calculated to influence the results of an election will be tried by a court of sessions under section 95 of the Representation of the People Act of 1976 and if found guilty may be punished with imprisonment for a term which may extend to two years.

Bulk transfers and postings of civil servants will not be made after the issuance of the schedule for elections till the completion of polls and individual transfers and postings except under exceptional circumstances, in exigency of service and public interest, would be made with prior approval of the commission.

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