Consensus on Chief Election Commissioner: Hopes and Challenges

The Election Commission of Pakistan is an independent and autonomous constitutional body responsible for conducting transparent, free, fair and impartial elections to the National and provincial assemblies. The holding of elections to the office of the president, the Senate, the local government is also the function of Election Commission. Under the Election Commission Order, 2002, the Election Commission consists of Chief Election Commissioner of Pakistan and four members drawn from the sitting judges of the High Courts of their respective provinces. All the executive authorities in the Federation and provinces are constitutionally duty-bound to assist the chief election commission and the Election Commission in the discharge of its functions. The Election Commission of Pakistan enjoys full financial and administrative autonomy and works independently of all government control. The Election Commission was given more powers in 18th Amendment. Now the CEC decide matters jointly and in a democratic manner.

The new election commissioner Fakharuddin G. Ebrahim was selected with consent of all major political parties. He took oath on July 23, 2012. Fakharuddin G. Ebrahim’s appointment gave new hope to the people of Pakistan that he is capable to meet challenges to hold free and fair elections.

He is a retired Associate judge of the Supreme Court of Pakistan, and senior advocate of the Supreme Court and is known as a peace activist. Ebrahim also served as the interim law minister from July 18, 1993 until October 19, 1993, and interim Justice Minister from November 5, 1996 until February 17, 1997. He was the Attorney General of Pakistan during the government of former Prime Minister Zulfikar Ali Bhutto and served as his close legal adviser throughout the 1970s. In 1988, he was also governor of Sindh, appointed by the former Prime Minister Benazir Bhutto during her first term.

In March 1981, serving as an ad hoc judge of the Supreme Court of Pakistan, he refused to take a fresh oath, under the Provisional Constitutional Order (PCO) promulgated by Gen. Zia-ul-Haq along with Justice Dorab Patel and Chief Justice Sheikh Anwar-ul-Haq. The PCO not only negated the independence of the judiciary but also prolonged martial law by nullifying the effect of a judgment giving Gen. Zia’s regime limited recognition.

Chief Election Commissioner Fakhruddin wants free and fair election. Sworn-in as new Chief election commissioner Fakhruddin G. Ebrahim reiterated that the next general election would be free, fair, impartial and transparent.

An organised free and fair elections in the country, he said, ‘It is a challenge, either as a mission. However, this success is the top priority of the whole nation. This is my last wish.’

The chief election commissioner should concentrate on election process and avoid other political issues asked by the media so that his impartiality is not questioned.

All the political parties seem satisfied that the Election Commission will hold impartial elections in the country and the election results will represent the true voice of the people. The chief election commissioner is famous for resignations on principles. The nation expects that this time he will not resign at any cost and will complete the election process. The people of Pakistan and the independent judiciary will support the Election Commission if there are any hurdles from any side to hinder the election process.

The Election Commission has publicised the computerised voters list. The people of Pakistan can register their votes before the announcement of election schedule. The president and prime minster both have assured that the elections will be held on time. The country is engulfed in multiple crises and only the fresh mandate of people can solve these crises. The impartial and caretaker set-up would be another step to ensure fair elections and hopefully the government and opposition will agree on caretaker prime minister and cabinet members.

The history of elections in Pakistan is witness that almost all elections were rigged by the powerful establishment to get ‘positive results’ in the elections. However, Chief of Army Staff Gen. Ashfaq Parvaiz Kyani did not allow the agencies to interfere in election process during 2008 elections. The able, strong and independent CEC will not allow any official agency or department to interfere or influence the election process. There are strong rumours that technocrats set-up will be established for two years. Any unelected set-up will bear no fruit. The new elections are the only solution of our problems.

The Election Commission has also issued a code of conduct for political parties and the candidates. In view of this code of conduct now educated middle class can also take part in the election because the election expenditures have been minimised to Rs. 1.5 million for National Assembly seat and Rs. one million for provincial seat. The code of conduct was strictly and successfully enforced during Mullan by-elections. All indications are positive and one can hope that the Election Commission will meet and face all the challenges confidently to hold free and fair elections.

The traditional feudals of Pakistan who grasp political power through elections will try to use unfair means and violate the code of conduct to keep hold on political power after new elections. The CEC must ensure that polling staff is independent and efficient to stop all efforts of rigging. The police always take sides and patronise its favourite candidates. If army is advised to manage the polling day then the influential fudal candidates will not be able to use unfair means the elections.

The people of Pakistan have to play a vital role in the coming elections. If they vote with a zeal and commitment they can vote out the corruption from the body policies. The silent majority must vote this time and vote for honest, educated and capable candidate. The destiny of the nation and the future of Pakistan is in the hands of the electorates. If they cast their vote for Pakistan this time the future would be bright. The people of Pakistan must demand with loud voice from political leaders to award party tickets to men of integrity and not the corrupt candidates. The challenges before chief election commissioner are many but we can hope that the new honourable and reliable chief election commissioner will be able to face all challenges and hold first true independent, fair and free elections in the history of Pakistan.