Apex court moved to declare multiple-candidacy unlawful

Permissibility of multiple-candidacy in legislative forum is violative of the democratic process and causes inconvenience to the public at large. Advocate Qamar Afzal on Tuesday filed a constitutional petition through AOR Mir Aurangzaib, requesting the apex court that there should be one candidate-one seat reform. The nomination of a candidate who is not voter of that constituency is inconsistent to the Section 60 of the Election Act. He requested the court to declare multiple-candidature unconstitutional, unlawful and against the democratic principles.
He said even though after winning a person is allowed to retain one seat while the by-elections are held on the remaining seats. He said Article 223 (1) bars against double membership: "No person shall be member of both the Houses, House and Provincial Assembly or Assemblies of two or more provinces."
However, the Article 223(2) says that nothing in clause (1) of this Article prevents a person from contesting more than one seats, but if he is elected from more than one seat then he shall within 30 days after the declaration of the result would retain only one seat.
He said that Prime Minister Imran Khan contested election from NA-53, NA-35, NA-243, NA-95 and NA-131, while Chaudhry Nisar Ali Khan contested from NA-59, NA-63, PA-10 & PA-12, Bilawal Bhutto Zardari from NA-200 & NA-242, and Shahbaz Sharif from NA-248, NA-249 & NA-250.
Qamar Afzal contended that multiple-candidature is a burden on the national exchequer. If a candidate contests for more than one seats but after winning retains one and vacates other then it costs the state double expense, i.e, first in the general election and then in the by-election of the vacated seats.
It also wastes resources of the Election Commission of Pakistan both during the general and the by-elections, as it requires security and local administration assistance.
The provision of the Election Act 2017 read with Election Rules and permitting a multiple-candidature in general election for the seat of national and provincial assembly is a violative of the democratic process and causes inconvenience to the public at large. The multiple-candidature is also discriminatory in nature as it provides second chance to the voters of a constituency where seat is vacated.