Judicial officers to be appointed as ROs for elections 2018

ISLAMABAD: Election Commission of Pakistan (ECP) on Friday decided to appoint District Returning Officers (DROs) and Returning Officers (ROs) for next general elections 2018 from Judicial Officers of lower courts.

According to the ECP, in this regard letters have been dispatched to the concerned Registrar of High Courts and requested them to provide lists of District and Session Judges, Additional Session Judges, Senior Civil Judges and Civil Judges.

The step was taken by the ECP in the light of sub clause 1(C) and 1 of Clause 50 & 52 of Election Act 2017, it added.

Can the ECP appoint judicial officers?

The DROs and ROs play a fundamental role in the conduct of polls. Once they are formally given the poll assignment by the ECP, they work under it and are its real point men in the field. They perform multiple functions including tabulating final results, attending to the complaints, deciding the qualification or disqualification of contestants etc., and keep a close liaison with the ECP while implementing its electoral guidelines.

The Article 220 of the Constitution says it shall be the duty of all the executive authorities in the federation and in the provinces to assist the Chief Election Commissioner (CEC) and the ECP in the discharge of his or their functions. There is no mention in this provision of engaging officers of the lower judiciary to work as DROs and ROs. Only the government officials serving in districts are required to perform the election duty. Long time ago, this was the practice and the judges were not taken as the DROs and ROs. However, it was changed in the successive parliamentary polls.

The 2009 judicial policy prepared by the then chief justice, Iftikhar Muhammad Chaudhry, had strictly banned involvement of the subordinate judiciary in the conduct of the elections. It had also debarred the judges to be appointed as the federal law secretary and the high court chief justices to become acting provincial governors in case of absence of the governors.

However, on the repeated insistence and written requests of CEC Fakhruddin G Ebrahim, the chief justice had allowed the members of the lower judiciary as to be nominated as the DROs and ROs for the 2013 parliamentary polls. This fueled a huge controversy after the electoral process was over as it prompted the losing politicians to allege that these were “ROs” polls to make the Pakistan Muslim League-Nawaz (PML-N) win.

While the Constitution doesn’t provide for engaging the officials of the lower judiciary for the poll duty, the Election Acts does. Its section 50 says for election to an assembly, the ECP shall, in the prescribed manner, appoint an RO for each district or a specified area - from amongst its own officers subject to availability by selection from a list of officers provided by the government or a provincial government; or from the subordinate judiciary in consultation with the Chief Justice of the High Court concerned. Subject to the superintendence, directions and control of the ECP, the DROs shall coordinate and supervise all work in the district in connection with the conduct of an election and shall also perform such other duties and functions as may be assigned by the ECP.

Section 51 says the ECP shall appoint, from amongst its own officers or officers of any government or corporations, autonomous or semi-autonomous bodies controlled by any government, or from the subordinate judiciary in consultation with the Chief Justice of the High Court concerned, an RO for each constituency. A person shall not be appointed as RO for more than one constituency, save in exceptional circumstances, for reasons to be recorded. The ECP may appoint from amongst its own officers or officers of any government, or corporations, autonomous or semi-autonomous bodies controlled by any government, as many Assistant ROs as may be necessary.

The ECP shall make appointments for at least 60 days prior to the issuance of election programme save for by-elections or in exceptional circumstances for reasons to be recorded, in which cases the ECP shall make the appointments simultaneously with the issuance of the election programme. An RO shall appoint for each polling station a Presiding Officer (PO) and such number of Assistant POs and Polling Officers from amongst the officers of any government or corporations, autonomous or semi-autonomous bodies controlled by any government to assist the PO as the RO may consider necessary.

The RO shall not appoint a person as a PO, Assistant PO or Polling Officer who is or has, at any time, been in the employment of a candidate. The RO shall at least thirty days before the polling day submit to the DRO for approval a list of such POs, Assistant POs and Polling Officers including reserved staff as may be determined by the ECP, and no change in the list shall be made thereafter save in exceptional circumstances, for reasons to be recorded, and with the approval of the ECP. In case of non-availability of any member of polling staff, the RO shall appoint a substitute from amongst the reserved staff as approved by the DRO.

Courtesy www.thenews.com.pk

Judicial officers to be appointed as ROs for elections 2018

Courtesy www.thenews.com.pk

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