Election law amendment: ECP backtracks after law ministry’s reminder

Poll body says candidates are no longer required to appear in person for submission of papers.


Our Correspondent March 26, 2013
Sindh Election Commissioner Mehboob Anwar. PHOTO: FILE

ISLAMABAD:


A day after the Election Commission (ECP) feigned ignorance over one of parliament’s last acts, which exempted election candidates from submitting nominations personally, the law ministry sprung into action to apprise the poll supervisory body about the crucial amendment.


On Monday, the former law minister formally informed the commission about changes in the Representation of the People Act (ROPA), 1976, which required aspirants in the upcoming polls to appear in person before the returning officer.

A letter sent by the ministry to the commission said the amendment had been passed by both houses of parliament and was now an act of parliament. Following the development, the commission issued a statement declaring that candidates were no longer required to appear in person before returning officers for submission of their nomination papers.

“The existing provisions of sub-section (3) of section 12 of the Representation of the People Act, 1976, requiring a prospective candidate to file the nomination papers in person have been amended by the Election Laws (Amendment) Act, 2013 dated 21-3-2013,” a statement issued by the election commission said.

“(3) Every nomination paper shall be delivered to the returning officer by the candidate or by his proposer or seconder or if, so authorised in writing by the candidate, by his nominee and the returning officer shall acknowledge receipt of the nomination paper specifying the date and time of receipt,” said the amended provision of the act.

Parliament had amended the Representation of the People Act (ROPA), 1976 to purge it of Pervez Musharraf-era rules.

Earlier, the commission had said that candidates would have to appear in person before the returning officer as the ECP was not informed about the changes.

The ECP also clarified that the candidates who were filing nominations for the seats reserved for women and minorities could attend the scrutiny of their papers. However, if they don’t, their nominations could not be rejected on the same ground.

On March 12, the National Assembly had unanimously passed the Election Laws (Amendment) Act 2013, which had been tabled by PML-N’s Zahid Hamid. The bill also sailed through the Senate.

Both the treasury and opposition benches supported the bill, accusing former military ruler Pervez Musharraf of amending the law to prevent then PPP chairperson Benazir Bhutto and PML-N chief Nawaz Sharif, who were in exile, from filing their nomination papers.

Sindh, Punjab commissioners switched

Interestingly, the Election Commission on Monday transferred Sindh Election Commissioner Mehboob Anwar to Punjab, while Punjab Election Commissioner S M Tariq Qadri was transferred to Sindh. No reason was attributed for the move.

Published in The Express Tribune, March 26th, 2013.

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