The Representation of the People Order (Second Amendment) Ordinance 2025 has been promulgated empowering the Electoral Enquiry and Adjudication Committee with jurisdiction and magistracy powers to try summarily some specific electoral offences and criminal offences during the national election.
“The Electoral Enquiry and Adjudication Committee shall have the jurisdiction to try summarily the offences under Articles 73, 75, 77 and clause (3) of Article 91B of this Order, and shall have the powers of a Magistrate of the first class to try such offences summarily in accordance with the provisions of the Code of Criminal Procedure, 1898,” states the Article 91AA of the RPO Ordinance promulgated on Monday.
During the parliamentary election, the Election Commission usually forms an electoral enquiry committee for each constituency to ensure the prevention and control of pre-poll irregularities, but such committee had no jurisdiction and magistracy power to try summarily some specific electoral offences and criminal offences.
The committee used to send its inquiry reports to the Election Commission and could place recommendations before the commission.
Mandatory Support for Committee
As per the latest RPO, the Returning Officer, the Assistant Returning Officer, District Superintendent of Police, Police Commissioner, Inspector of Police or any police officer in charge of a station must provide all necessary assistance as may be required by the committee.
“District Superintendent of Police, Police Commissioner, Inspector of Police or any police officer in charge of a station and the commander or any officer in-charge of any force engaged in election duty, shall provide striking force and render such other assistance as may be required by the Committee for the due discharge of its functions under this Order; and if any of the aforesaid persons fails, refuses, or neglects to comply, without any reasonable cause, he may be deemed to be guilty of inefficiency or misconduct,” it states.
“The Returning Officer and the Assistant Returning Officer shall provide all necessary assistance as may be required by the Committee for the due discharge of its functions under this Order,” it also states.
The same article also states that the Electoral Enquiry and Adjudication Committee shall also have power to take cognizance of other offences under this Order, not being offences mentioned in Article 89A; and, upon taking cognizance, shall forward the case to the competent Court having jurisdiction for trial in accordance with law.
About the committee, Election Commissioner Abdur Rahmanel Masud told media on Tuesday evening that the Electoral Inquiry Committee and Adjudication Committee will have authority to try electoral offences and also criminal offences this time.
He said the committee will not only conduct enquiry but also try electoral and criminal offences. The committees will start working after the announcement of the election schedule and will continue till the election is over.