The Election Commission of Pakistan (ECP) has issued the Terms of Reference (ToRs) for the monitoring team and District Monitoring Officer for Local Government Elections in remaining 18 districts of Khyber Pakhtunkhwa in Phase 2.
The ECP issued a notification to the effect in pursuance of Article 218(3) read with Article 220 of the Constitution and Section 234 of Elections Act, 2017, and all other powers enabling it in that behalf. As per ToRs, the sub-section-1 of section-234 of the Elections Act-2017 provides that the Monitoring Team will report regarding any violation committed by a candidate or a political party of any provision of the Election Act 2017, Election Rules 2017, Khyber Pakhtunkhwa Local Government Act 2013, Khyber Pakhtunkhwa Local Government Rules 2021 and the Code of Conduct issued by the ECP in the constituency or area of its jurisdiction as notified to the District Monitoring Officer on Form-M-l.
The monitoring team will collect information regarding any political activity, rally, jalsa or event for the purpose of monitoring from the district administration or authority concerned and such authority will be bound to provide Information instantly as and when required by the monitoring teams or the officer nominated by the Commission.
Similarly, any violation if noticed, will be reported in Form-M-1, along with evidences to the district monitoring officer through the quickest means of communication for decision and if so ordered by the district monitoring officer for removal or rectification of such violation (if removable or rectifiable), the orders be complied with by the authority concerned with the assistance of the focal person of the local administration under security provided by local police authorities.
The local administration will nominate an officer not below than grade-17, hereinafter called focal person administration, for this purpose and police authorities will provide reasonable security personnel under the command of a police officer not below the rank of a sub-inspector to carry out the orders of the district monitoring officer or monitoring team. The district monitoring officer or monitoring teams may require any authority to furnish any information and such authority will be bound to comply with. The monitoring teams may inquire any matter of concern which has any covert or overt purposes of election campaign and directly or indirectly affect election process in any form and for this purpose may involve any such authorities for inquiry or investigation after culmination and if finds someone guilty of violation will be reported to the District Monitoring Officer for orders or decision.
It added on such the district monitoring officer will decide the matter as provided under sub-sections 3 and 4 of section 234 of the Elections Act 2017. The DMO will maintain a constituency wise record in shape of form M-II of all the complaints furnished by the monitoring teams on form M-I. A daily consolidated report of constituencies under jurisdiction will be submitted to commission as mentioned under sub rule 3 of rule 171 of the Elections Rules 2017, through the provincial monitoring coordinator, who will furnish a consolidated statement of division to the Secretariat, provincial election commissioner on same day.
The DMO will issue directions to any authority, whoever, to abide by the provisions of the act, rules or the code of the conduct issued by the commission and take measures for its implementation in letter and spirit.
