ISLAMABAD: ECP has announced here today that it was going to the SCP against the LHC and BHC recent verdicts.
According to details ECP, after a huddle chaired by the election commissioner, prevented the ROs from accepting nomination forms till Monday, 4th of July. ECP will be issuing new directions following the decision by SCP on ECP’s appeal.
Readers may recall while BHC had proclaimed the delimitation of eight constituencies in Quetta void, LHC has yesterday (1st of June) ordered ECP to revise nomination forms to include information regarding educational background and criminal records of the candidates (excluded by the parliament via Elections Act 2017).
ECP reckons these decisions would throw a spanner in the ongoing election process resulting into delaying of the elections.
Relevant piece published earlier:
The Lahore High Court (LHC) today ordered the Election Commission of Pakistan (ECP) for ensuring inclusion of mandatory information and declarations in the nomination forms for candidates.The bench held that the current forms, made by the Parliament under Election Act, did not provide for mandatory information and declaration as required by the law and constitution. It further held that ECP was empowered to add or improve nomination forms to fulfill its constitutional mandate of ensuring free and fair election. The court further held that the term dependent children used in Section 60, 110, and 137 of the Election Act and nomination forms 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.
Justice Ayesha A Malik passed the orders while partially allowing petitions filed by an anchor person, Habib Akram, and others. The court had reserved the judgment after hearing arguments of the parties and it was announced on Friday. Earlier, petitioners counsel Saad Rasool assailing the nomination forms for the candidates of assemblies and statement of liabilities and assets argued that forms were drafted by the Parliament which was not competent authority for the purpose. He said that ECP was the competent authority as the drafting of forms fell under its jurisdiction. He said that Parliament could not draft nomination papers. He said that the forms must include details regarding income tax, citizenship, criminal record, assets of dependents whereas impugned forms failed to provide details required under Article 63 regarding disclosure of liabilities of the candidate, his spouse, and dependents.
