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Govt employees can’t campaign for ‘yes’ or ‘no’ vote in referendum: EC

Staff Reporter:

Government officials and staffers cannot campaign for either “yes” or “no” vote in the July Charter referendum which would be held on 12 February, and will risk facing legal measures if they do so, the Election Commission (EC) has said.

The government officials can campaign for attracting voter turnout in the referendum, but not for any “particular option” put up for vote in the referendum on crucial constitutional reforms, according to EC letters sent to returning officers across the country on Thursday.

Campaigning for any particular choice will influence the outcome of the referendum, making the concerned government employees liable to face legal actions, the EC said in the letter. The EC has instructed returning officers to take corrective measures over any such potential campaigns.

Similar warnings have been raised from different quarters, but the Prof Yunus-led interim government has repeatedly rejected the concerns. The government’s advisers as well as different government, semi-government and autonomous bodies are campaigning across the country for garnering public support for a “yes” vote in the referendum.

In its letter, the EC has also cited legal provisions justifying its warnings of potential legal recourse for government officials.

The EC has cited Article 21 of the Referendum Ordinance, 2025, and Article 86 of the Representation of the People Order, 1972.

The Referendum Ordinance, 2025, which the interim government itself issued in November last year, clearly states that any activity will be considered an offence and electoral code violation if it is given similar treatment under the Representation of the People Order, 1972.

Legal measures authorised under Representation of the People Order, 1972 will be similarly applicable for the offenders and violators, the ordinance says in Article 21.

Article 86 of the Representation of the People Order, 1972 states that any person engaged in activities of the state will face legal action if he/she abuses his/her position in the government to influence the outcome of an election in any way.

If found guilty, the legal measures would be 1-5 years in prison and fines, Article 86 states.

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