PESHAWAR: The Election Commission of Pakistan on Thursday imposed Rs50,000 fine each on former prime minister and Pakistan Tehreek-i-Insaf chief Imran Khan, Khyber Pakhtunkhwa Chief Minister Mahmood Khan and several cabinet members, including ministers and advisers to the chief minister, for violating the code of conduct issued for the upcoming by-elections by participating the Sept 6 public rally in the provincial capital despite warning.

The fine was imposed by ECP district monitoring officer for NA-31 Peshawar-V Shahabuddin,who issued separate orders of imposition of fine against Mr Imran, Chief Minister Mahmood Khan, ministers Taimoor Saleem Khan Jhagra, Ishtiaq Urmar, Shaukat Yousafzai, Kamran Khan Bangash, Anwer Zeb Khan and Mohammad Iqbal Wazir, and aides to the CM Khaliqur Rehman and Wazirzada.

The DMO had issued notices to them on September 7, after holding the rally on September 6, asking them to explain their position.

In his order, the DMO said the perusal of evidence comprising videos, photos and news clipping coupled with a report of monitoring team had established that various public office-holders, including chief minister, cabinet members, advisers and special assistants, in contravention of Para 17-B of the code of conduct, participated in the rally.

Declares ex-PM, CM attended Peshawar rally despite warning

Para 17 (B) of the code of conduct states “the public office-holders including the president, prime minister, Senate chairman and deputy chairman, speaker and deputy speaker of any of the assemblies, federal ministers, ministers of state, governor, chief minister, provincial ministers, and advisers to the prime minister and chief minister should not attend public meeting of any of the contesting candidates.”

The order issued by the DMO further declared that state resources were also used to make arrangements for the Peshawar rally.

Para 30 of the code of conduct reads, “The executive authorities in the federation and in the provinces and elected representatives of a local government shall neither use state resources in any constituency where election is being held for unfair advantage of a particular candidate or political party nor exercise undue influence affecting the interest of a candidate or party for participating in any election.”

The order read, “Now, in pursuance of Section 234(3) of the Election Act 2017 read with Rule 171(3) of the Election Rules, 2017, the undersigned (DMO) in the capacity of DMO hereby imposes a fine amounting to Rs 50,000 upon the respondent namely Imran Ahmad, the contesting candidate for NA-31, Peshawar-V.”

Mr Shahabuddin also heard the counsel for the respondent, who, in a written reply, argued that the subject rally was a continuation of a series of rallies organised as protest against the incumbent government and therefore should not be deemed as rally in connection with the campaign for the by-elections.

He said the venue of the rally does not fall within the jurisdiction of NA-31 Peshawar-V.

The counsel contended that the use of state machinery for making arrangement for the rally or participation of public office-holders couldn’t be attributed to the respondent.

He said it was the constitutional right of all contesting candidates to hold rally.

A day before the Peshawar rally, the DMO had directed the government functionaries, including governor, chief minister, provincial ministers and advisers, not to attend the rally saying that act will be a violation of the code of conduct. He had warned that legal action would be taken against them all if they participated in the rally.

Published in Dawn, September 16th, 2022