PDP Appeals to ECB regarding Restraining Orders on its Coordinators
The PDP has appealed to the Election Commission regarding the restraining orders and ban on participation in political activities issued to two PDP Coordinators, Yonten and Phuntsho Dhendup from Zhemgang.The appeal was based on the following points:
1. Our coordinators, on the instruction of the Party head office, attended three meetings of the DPT President – in Buli, Nyimshong and Tingtibe – all of which fall within their own constituency. There is absolutely no legal restriction on such activity. The Party had issued the instructions in view of reports that defamatory statements had been made by the DPT President in his preceding meetings in Trongsa. The Party felt that competent persons should be sent to attend the meetings in Zhemgang to take proper notes so that it could be certain beyond doubt when it framed charges of defamation against the DPT President.
2. The two coordinators did not follow or ‘stalk’ the DPT entourage. In Buli and Nyimshong they in fact arrived many hours before the DPT group. At Nyimshong, they even had tea with DPT party workers while waiting for the DPT President. In Tingtibe they arrived after the DPT group, they were overtaken on the way by the DPT cars that were traveling faster then them.
3. The two coordinators did not disrupt the DPT meetings. Only in Nyimshong, they spoke to seek clarification after the DPT President made defamatory statements against the PDP. Speaking in such meetings, as long as defamatory statements are not made, is clearly permissible in the election process.
4. During the Nyimshong meeting, Phuntsho did engage in an exchange with a member of the DPT delegation bearing a sidearm in open view. During the meeting, when Phuntsho had gone to the toilet, he noticed a large number of vehicles (approximately 14) parked next to the meeting venue. There were trucks and vans in addition to the DPT delegation vehicles. As Phuntsho was aware that it is illegal to transport the public to attend meetings, and vehicles used during the election campaign have to be registered (our Zhemgang candidate Leki Dorji had some days earlier asked them for his vehicle number for this purpose) he had decided to take down the vehicle numbers in the event that he was asked by the party to file a report on the vehicles. While noting down the vehicle numbers, he was approached by the member of the DPT delegation bearing a pistol in a hip holster. The DPT person accused him of taking down vehicle numbers which Phuntsho denied out of fear. The DPT person also insisted that Phuntsho accompany him to meet the DPT President which Phuntsho refused. This was the only confrontation that occurred during the entire time that our two coordinators attended the DPT meetings. We stress again, that Phuntsho did not transgress any laws. Noting vehicle numbers without ill intent is not a crime. In fact, he was trying to uphold electoral laws with respect to vehicle use during campaigns.
On the basis of the facts presented above, it is the Party’s considered view that our two coordinators did not commit any act in transgression of any election or other laws of the land. We also believe that due process was not followed including providing the opportunity for the two coordinators to present their case before the restraining orders and political activity ban orders were passed.
The PDP seeks to clear this matter expeditiously as the reputation of the two coordinators as well as that of the party have been severely tarnished by the orders issued to our two coordinators. These were widely reported in the press in the form of statements by the ECB and also in news reports.
The PDP has also raised the issue of the DPT member bearing a sidearm in open view who accompanied the DPT President throughout his tours. It is a serious electoral offence for armed persons to attend campaign meetings without prior approval.
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