Presidential Election gazetted

The Presidents proclamation no 1629/08 relating to the Presidential Election to be held on January 26, 2010 is published in the Gazette of November 23, 2009. According to clause 104 A of the 17th Amendment to the Constitution the period from the date of the proclamation of the election upto the date of publication of results is termed ‘the election period’.

The restrictions on the misuse of Government resources mentioned in this notification is applicable to the election period.

Under the terms of section 104 A (4) of the Constitution the Elections Commission is empowered to prohibit the use of movable or immovable property belonging to the State or any State corporation to promote or prevent the election of any candidate.

In terms of section 103 and 27 (2) of the Constitution this power is vested in the Elections Commissioner until an Elections Commission is set up.

As such it is ordered to suspend the misuse of State property for the Presidential Election. In terms of sub section (B) all people in change of Government property are bound to implement the orders issued by the Elections Commission.

During the recently held elections the Elections Department had reviewed complaints about the use of Government owned vehicles and helicopters for election campaigning.

Therefore all officers in charge of State vehicles should pay special attention to maintain vehicle pools to ensure that they are not used for election propaganda activities of any candidate.

This also includes assigned vehicles of officials, State vehicles and vehicles rented for official duties.

Since Government offices and other buildings including circuit bungalows belong to State resources provisions of such buildings including circuit bungalows, rest houses and holiday resorts free of charge to people engaged in electioneering is totally prohibited.

If any transfers and promotions of all grades of officers and employees in the State sector, new recruitments or calling of applications or interviews for recruitment are scheduled for the election period they should be postponed to another date since various forms of mobile services, exhibitions, and opening ceremonies involving State expenditure are held during the election period with the participation of people connected to policies they are bound to make statements pertaining to the election.

Such statements will make under influence on the candidacy of candidates contesting the election. Furthermore, such ceremonies are entrusted to Government officers in Ministries, Departments or serving in districts it is improper for them to organize such activities as they would be entrusted with election duties.

All people incharge (guardians) of relevant properties are directed to strictly adhere to this prohibition on the use of State property for promoting or obstructing any candidate at the Presidential election.

Attention is drawn to Section 104 B (2) of the Constitution which makes it mandatory on all Government authorities bound to enforce the relevant regulations to support the Elections Commission / Elections Commissioner to enforce and safeguard laws relating to the election.

Those incharge of State property should also educate their staff on their relevant responsibility to prevent the misuse of State property.