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Candidates not bound to appear before ROs for nomination papers scrutiny: ex-ECP secretary

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  • Election Act says candidate not required to be present.
  • ECP amended Election Order 2002 in 2007, says Dilshad. 
  • Scrutiny of nomination papers will last till December 30.

ISLAMABAD: Former Election Commission of Pakistan (ECP) secretary Kanwar Muhammad Dilshad has said that a candidate does not need to appear before the returning officer while filing nomination papers or during scrutiny, The News reported Wednesday. 

Dilshad’s statement came after it was reported that the nomination papers of such candidates who are in hiding or declared proclaimed offenders are at risk of being rejected if they do not turn up before their relevant ROs upon summoning. 

According to Section 62 of the Election Act, 2017, the candidate is not required to be present at the time of scrutiny of nomination papers.

The former ECP secretary said that an election order was issued by former President General (retd) Pervez Musharraf in 2002, under which the candidate was required to be present while filing nomination papers.

Dilshad said the election order was malicious and aimed at targeting former prime ministers Benazir Bhutto and Nawaz Sharif so that they could not appear before the returning officer. 

He said that in 2007, the ECP amended the Election Order 2002, after which Bhutto and Sharif did not need to submit their nomination papers and appear in person at the time of scrutiny.

“At the time of scrutiny of nomination papers, the candidate’s election agent, proposer and a voter who has registered an objection under sub-section (1) shall be present. The returning officer shall give him reasonable opportunity of scrutinising all nomination papers. Nowhere in this section is mentioned that the candidate must be present before the returning officer at the time of submission of nomination papers or scrutiny,” he added.

He said it was a very important legal point that every candidate needed to understand. He maintained that 32,000 nomination papers had been filed, which was a record. “With this, the talk of snatching nomination papers of some candidates became ineffective,” he claimed.

The scrutiny will last till Saturday (December 30). As per the ECP, appeals against acceptance or rejection of nomination papers can be filed by January 3, 2024, which will be decided by January 10, 2024.

The Election Commission will publish the revised list of candidates on January 11, 2024, while candidates can withdraw their papers by January 12, 2024.

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PTI presents seven nominations to Imran Khan for the judicial commission.

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Pakistan Tehreek-e-Insaf (PTI) has proposed seven individuals to its founder, Imran Khan, for consideration as founding members of PTI for membership in the next Judicial Commission.

None of the nominated individuals are attorneys; rather, the roster includes four Members of the National Assembly (MNAs) and three senators.

The proposed MNAs are Umar Ayub, Asad Qaiser, Ali Mohammad Khan, and Aamir Dogar, while the senators are Shibli Faraz, Mohsen Aziz, and Aun Abbas Bapi. Sources suggest that the Judicial Commission will include one opposition member from both the National Assembly and the Senate.

The PTI founder will evaluate and endorse two names from the suggested list, which will then be sent to the Speaker for future actions.

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Miller confirmed that Biden’s administration got a letter from a congressman requesting the release of the PTI founder.

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Following his removal as prime minister in 2022, Khan started a protest movement against a coalition of his enemies led by current Prime Minister Shehbaz Sharif. Since then, he has been in jail since August 2023 and has been involved in hundreds of cases.

In response to ARY News’ question over the congressmen’s letter during a media briefing in Washington on Monday, State Department spokesperson Matthew Miller stated, “We will respond in due course to the members.”

The United States wants to see Pakistan maintain its democracy, Miller stated.

The release of the PTI founder’s wife and sisters was a result of a meeting between the US Deputy Assistant Secretary and a Pakistani government representative in Islamabad, which was further questioned during the press briefing.

“I won’t be addressing that,” Miller said when asked if the United States was involved in their release. Miller did, however, affirm that the conference included the defense of Pakistan’s basic liberties and rights.

Sixty-two members of the US Congress urged President Joe Biden on October 24 to support the release of Imran Khan, the former prime minister of Pakistan, and other political prisoners.

The congressmen, who included well-known Muslim members Rashida Tlaib and Ilhan Omar, said in their letter that the Biden administration should ask Pakistani authorities to guarantee the safety of PTI founder Imran Khan.

They also underlined that US policy should concentrate on Pakistan’s human rights situation and asked that US ambassadors attend the PTI leader’s incarceration.

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A bill pertaining to the number of Supreme Court justices will soon be presented.

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Prime Minister Shehbaz Sharif and Bilawal Bhutto-Zardari, the chairman of the Pakistan People’s Party (PPP), recently met, and the inside story of their conversation has revealed important political developments.

The leaders talked about a variety of constitutional and governance matters, including the proposed 27th Constitutional Amendment, according to sources.

One of the primary outcomes of the conference was the decision to expeditiously introduce a bill in parliament that would increase the number of judges on the Supreme Court. Immediately after it is introduced in parliament, this law is expected to be approved in a matter of days.

In addition, the recently ratified 26th Constitutional Amendment was discussed, with particular attention paid to creating a system for the establishment of constitutional benches at the federal and provincial levels. The formation of constitutional benches would be the subject of formal meetings, they agreed.

Furthermore, the leaders examined the pending measure concerning the Muttahida Qaumi Movement’s (MQM) municipal authority, which has been sent to the appropriate committee for additional assessment.

They also discussed the implementation of an agreement on Punjabi issues between the PPP and the Pakistan Muslim League-Nawaz (PML-N). According to sources, the conference also discussed the status of an agreement over fund release and administrative jobs in Punjab.

Bilawal Bhutto was reassured by Prime Minister Shehbaz Sharif that the federal government would continue to support continued development initiatives in Sindh.

PM Sharif and Bilawal met on Sunday at the premier’s Model Town home in Lahore, where they talked about the newly ratified 26th Constitutional Amendment and pledged to support Pakistan’s parliamentary system and democracy.

As a historic step, Bilawal Bhutto celebrated the 26th Constitutional Amendment’s adoption during the meeting. He said: “We will work together to strengthen democracy and parliament.”

In agreement, Shehbaz credited the amendment’s accomplishment to the combined efforts of all coalition members. He promised that his commitment to the people would not falter and reiterated his commitment to public service.

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