The Lahore High Court on Friday directed the Election Commission of Pakistan (ECP) to include all mandatory information and declarations in nomination papers (Form A and Form B) for upcoming general election 2018, which were previously available in the 2013 general election.
Justice Ayesha A. Malik of the Lahore High Court in her verdict on petitions challenging new nomination papers ruled that the new forms did not provide mandatory information and declarations as required by the Constitution and the law.
The judge further ruled, "The term "dependent children" used in the Election Act 2017, specifically in sections 60, 110 and 137 and in Form A and Form B is held to be read down to be construed and interpreted in terms of the constitutional requirement provided for in Article 63(1)(n) and (o) of the Constitution."
The judge dismissed an argument against the competency of parliament to draft the impugned forms as they became part of the Act, however, she observed that the ECP was empowered to add or improve Form A and Form B of the Act so as to fulfill its constitutional mandate of ensuring honest, just and fair elections.
The petitioners, Habib Akram and others, had challenged the vires of Form A and Form B on grounds that the impugned forms were drafted by parliament who is not competent to enact the same as the competent authority is Election Commission of Pakistan (ECP).
The petitioners' counsel argued that the nomination forms must include information and details of income tax paid, citizenship of any other country, criminal record and the assets and liabilities of all dependents of the candidate.
They further said the impugned forms failed to provide for mandatory declarations as provided in Article 63 of the Constitution with specific reference to Article 63(i)(n) and 63(i)(o) of the Constitution wherein the declaration included the disclosure of the liabilities of the candidate, his spouse and his dependents.
One of the counsel, Saad Rasool argued that the Constitution specifically stated that the declarations would be made with reference to dependents whereas under the Act, sections 60, 110 and 137 and the impugned forms specifically used the term dependent children.
Consequently, he said, the requirement of the Constitution for declaring liabilities with reference to dependents had been done away with by reducing the declaration to the extent of dependent children.
The counsel also raised an objection on the lack of information with respect to the educational qualification, income tax and agriculture tax payments, dual nationality and information as to whether any criminal offences were pending against a candidate or were pending against a candidate.
The petitioners' lawyers asked the court that the impugned forms be declared unconstitutional for being in violation of Articles 218, 219 and 222 of the Constitution and for being an infringement on the constitutional authority of the ECP.
Earlier, ECP director legal Umar Hayat told the court that historically the commission had always made the nomination forms and in terms of Supreme Court's judgments passed in 2012 and 2013.
However, he said, without adhering to the mandate of the law the parliamentary committee on electoral reforms opted to draft the impugned forms. He said the ECP voiced its opinion and complained through a letter wherein it was requested that the commission be heard by the parliamentary committee for electoral reforms before finalizing any draft. However, he said the request was not adhered to.
He further argued that the ECP was not satisfied with the disclosure element in the impugned forms as mandatory provisions of the law had been ignored and information which was vital and fundamental for just and fair elections had not been provided for in the forms. He said the ECP could rectify the disclosure requirements within one week, if required.
Representing the federation, a law officer argued that no mala fide could be attributed to the legislature. He said the drafting of the forms was a consultative process, with all the political parties over period of three years and ultimately with every one's consensus, Forms A and B were drafted as the nomination forms for the election and statement of assets and liability.
He further argued that the nomination papers were an integral part of the election process and the current Form A and B ensured that all necessary and relevant information was available for the voter so as to establish the credibility of the candidates in a transparent way.
The law officer said the petitioners had no vested right and there was nothing wrong with the nomination forms. The court, however, hearing all the parties at length gave its verdict and issued necessary directions to the ECP regarding the nomination papers for coming general elections.
BR Islamabad staff reporter adds: Meanwhile, the Election Commission of Pakistan is going to hold an emergency meeting today (Saturday) to discuss nomination papers for candidates following the Lahore High Court's decision on it.
The court has annulled the nomination papers for candidates as prescribed in the Elections Act 2017 and asked the ECP to formulate a new nomination form for candidates of general election scheduled to be held on July 25. A spokesman of the Election Commission said that all the members of the Commission would review the Lahore High Court judgement in the meeting on Saturday. He said the Commission would implement the high court's decision and formulate a new nomination form for the candidates.
In the meeting, the Commission would also discuss the issue of delimitation of constituencies as Islamabad High Court and Balochistan High Court have recently declared delimitation of some constituencies as null and void. The Commission has earlier clarified that election would be held on July 25 and all necessary arrangements would be completed before it.
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