Campaigning for ‘Yes’ or ‘No’ by public servants is punishable

The Election Commission (EC) has said that persons employed in the service of the Republic may inform and raise public awareness about the referendum, but they are not allowed to urge people in any way to vote either ‘Yes’ or ‘No’.

In a letter sent to all returning officers on Thursday, the EC said such activities could influence the outcome of the referendum and would constitute a punishable offence under Section 21 of the Referendum Ordinance, 2025, and Article 86 of the Representation of the People Order, 1972. Returning officers have been instructed to take necessary action in accordance with these provisions.

A referendum will be held on 12 February, the same day as the 13th parliamentary election, on the implementation of the constitutional reform proposals outlined in the July National Charter. The government has already been carrying out extensive campaigning in favour of a ‘Yes’ vote.

In addition to government advisers, various government, semi-government and autonomous bodies have also been involved in the campaign. Whether there is scope to campaign in favour of one side has been a subject of debate for some time.

Section 21 of the Referendum Ordinance states that any act which is considered an offence or a violation of the electoral code of conduct under the Representation of the People Order, 1972, and related rules during the 13th parliamentary election shall, insofar as applicable, also be treated as an offence or a breach of the code of conduct in the case of a referendum.

In such cases, the Representation of the People Order, 1972, and the relevant rules may be applied, and the competent authority may try such offences and take appropriate action against violations of the code of conduct, it added.

Meanwhile, Article 86 of the Representation of the People Order provides that if a person employed in the service of the Republic abuses their official position in any way with the intention of influencing the outcome of an election, they shall be guilty of a punishable offence, liable to imprisonment for a maximum of five years and a minimum of one year, as well as a fine.

Speaking to Prothom Alo, Professor Ali Riaz, special assistant to the chief adviser and chief coordinator of the government’s referendum-related publicity activities, said they had received the Election Commission’s directive. “After discussing the matter with lawyers, we will present our position,” he said.