Election: What will judicial committees do to prevent offences? What penalties apply?

Based on reports from the committees’ enquiries, the EC will have the power to block results if evidence of irregularities is found

Judicial committees will be on the field with the authority to impose penalties to prevent offences before and during polling day.

If necessary, the committees can summon any individual for an enquiry.

Furthermore, the Election Commission (EC) can withhold election results if evidence of irregularities is established based on the reports submitted following the committees’ enquiries.

Provisions have been made in the Representation of the People Order (RPO) this year, under which 300 judges will operate across 300 constituencies.

Alongside trials, they will investigate irregularities and send recommendations to the EC.

These Electoral Inquiry and Adjudication Committees have been formed to conduct summary trials of electoral offences from the schedule announcement for the 13th parliamentary election until the publication of the results in the official gazette.

These judicial officers will take action in accordance with Articles 73, 75, 77, and 91(B) of the RPO.

According to the schedule, the parliamentary election and referendum will be held on Feb 12. Nomination papers can be submitted until Dec 29 and contesting candidates will be allocated symbols on Jan 21, after which campaigning will commence.

The EC has also issued a circular providing necessary guidelines for the officers of these committees formed to prevent and control “pre-election irregularities”.

The committees will possess the same powers as a civil court to compel any person to appear before them, give evidence under oath, and submit necessary documents or objects.

Relevant authorities have also been instructed to deploy a “striking force” as required by the committees to conduct enquiries or judicial proceedings.

NATURE OF DUTIES, PENALTIES

Provisions have been made for imprisonment ranging from a minimum of two years to a maximum of seven years, along with fines, for electoral offences such as exerting undue influence, bribery, making false statements on a rival candidate's character, incurring expenses from sources other than those declared to the returning officer, and creating terror or obstacles during the vote.

Campaigning within 400 yards of a polling station on election day or inducing a specific person to vote carries a penalty of six months to three years of imprisonment, alongside a fine.

There are also provisions for investigating and taking action over violations of the code of conduct by candidates and political parties, specifically:

• Violations or incidents related to the Code of Conduct 2025 for political parties and candidates.
• Incidents where an individual obstructs or disrupts the preparation or conduct of free and fair elections through intimidation, interference, suppression, or the publication of misinformation.
• The committees will investigate any matter referred to them by the EC, returning officer, assistant returning officer, or any official on election duty, and submit a report to the commission.