- CJP asserts upcoming elections will be as per schedule
- LHC verdict was suspended on ECP, former NA speaker Ayaz Sadiq’s appeal
- ECP revises dates for filing nomination papers
LAHORE: The Supreme Court on Sunday suspended Lahore High Court’s (LHC) order pertaining to the revision in the parliament-made nomination papers.
During the hearing of petitions filed by former National Assembly speaker Ayaz Sadiq and the Election Commission of Pakistan (ECP), Chief Justice of Pakistan (CJP) Mian Saqib Nisar, who was heading a two-member bench, asserted that the upcoming general polls will be held on July 25. “The ECP will be responsible for any delay in elections,” he said.
In its appeal against the LHC verdict, the ECP said that a date has been set for the election and to make changes [in the nomination papers] will cause a delay [in the election process].
Sadiq’s lawyer, on the other hand, argued that the parliament holds the right to bring legislation on any matter.
According to the petitioners, they took the matter to Supreme Court as they did not want timings of elections to be affected.
The elections are feared to be delayed as filing of nomination papers has been put on hold following LHC’s ruling. Earlier, the nomination papers were to be filed between June 2 and 6. Ayaz Sadiq and ECP’s counsel had also requested the CJP to hear petition at the earliest.
In her LHC judgement on Friday, Judge Ayesha A Malik had said that the nomination form does not include mandatory information and declarations as required from the aspiring lawmakers by the Constitution and law, including details such as their educational background, criminal record or if they are dual nationals.
Justice Malik had ordered the ECP to ensure that all mandatory information and declarations are part of the revised Form A, the nomination form for election to an assembly or the Senate, and Form B, the statement of assets and liabilities.
The court had issued its judgement on a petition filed by journalist Habib Akram, asking the court to declare the two forms unconstitutional.
The LHC in its judgement noted that the impugned forms do not contain the following information and declarations that were a part of the 2013 nomination forms:
- Educational qualifications of the candidate
- Current occupation/job/profession/business of the candidate
- Dual nationality, if any
- National Tax Number/Income tax returns/ and payment of income tax
- Agriculture tax returns and payment of agriculture tax
- Criminal record, if any
- Assets and liabilities of dependents
- Declaration pertaining to election expenses
- Declaration pertaining to any default in loan or government dues by dependents
- Declaration that the candidate will abide by the code of conduct issued by ECP
Hours after the LHC judgement was issued, the ECP had issued a press release saying it has called an emergency meeting at its secretariat on Saturday to make decisions about improving Forms A and B in light of the court order.
It had also directed returning officers across the country not to receive nomination forms on Saturday.
It is pertinent to mention here that Caretaker Prime Minister Justice (r) Nasirul Mulk had directed the Attorney General Office in the Law Ministry on Saturday to file an appeal against the LHC decision.
The ECP had also decided to challenge Balochistan High Court’s ruling on the delimitation of constituencies. The BHC had declared delimitation of eight provincial assembly constituencies in Quetta and one in Panjgur null and void.
ECP CHANGES DATES FOR SUBMISSION OF NOMINATION PAPERS:
Following the decision, the ECP announced revised dates for the submission of nomination papers by candidates aspiring to contest the upcoming general elections.
Exercising its powers under section 58 of the Elections Act 2017, the ECP revised dates for filing of nomination papers with the Returning Officers by the candidates from June 4 to June 8 while the publication of nominated candidates will be issued on June 8. The schedule also applies for candidates on reserved seats; women and non-Muslims, in all National and provincial assemblies.
