IHC reserves judgment: Both parties in the case directed to submit replies

In the petition, Rasheed argues that it is the fundamental right of a voter to know the details about candidates

ISLAMABAD: The Islamabad High Court on Thursday reserved its judgment on a petition filed by Awami Muslim League (AML) Chairman Sheikh Rasheed who sought the revival of certain laws and provisions in the Election Act 2017.

Justice Athar Minallah reserved the judgment in the case with directions to both parties to submit written replies by April 23.

The AML chairman, along with another petitioner, had sought court’s intervention for the revival of laws which stipulate that an aspiring electoral candidate must provide detailed information about their financial resources, expenses on election campaigns, whether they have dual nationality, details on their family, details about any pending criminal cases and loans taken from financial institutions.



In the petition, Rasheed argued that it was the fundamental right of a voter to know these details about the candidates for making a well-informed decision.

However, he stated that it was ironic that all such declarations — which a candidate was previously required to submit before the Election Commission of Pakistan (ECP) — have now been removed from the election forms.

The declarations Rasheed spoke of include details of any or all outstanding loans taken from banks, declarations regarding default of payments including government dues or utility charges, listing spouse(s) and dependents, declaration of pending criminal cases, declaration of educational qualification and declaration of present occupation.



In addition, it included a declaration of the national tax number, declaration of income tax paid in the three years (along with total income and sources of income) preceding the candidacy forms, declaration of foreign trips undertaken in the three years leading up to the submission, declaration of agricultural income tax paid along with details of land holdings and agriculture income.

Also, a declaration of important contribution made by the candidate for the benefit of his constituency if elected previously, declaration of the sum paid to the political party which awarded the candidate the ticket,
declaration to abide by the code of conduct issued by the ECP, declaration of net assets this year and previous year and the difference between the two years.

Moreover, declaration of any foreign passport with details, a declaration on oath that the candidate is a Pakistani citizen and does not hold the nationality of any other country.



The AML chief said that many of the declarations were modified to the effect that the candidate will no longer be required to state this on oath or solemn affirmation.

The petitioners contended that they wanted to protect the voters, the democratic system and the fundamental rights of Pakistani citizens.

The petitioner urged the court to declare that the access of detailed information about a candidate is a fundamental right of a voter that cannot be curtailed, abridged or limited by a legislative fiat.

Rasheed has also prayed that ECP may be directed to use its powers under article 218(3) of the Constitution to seek this information about contesting candidates.

He also prayed that the declaration of this information for a contesting candidate may be declared as necessary and also to declare that the provisions of sections 60(2), 110(2) and 137 of the election act 2017 along with forms made under this act are against article 19 and 19-A of the constitution.

The petitioner had nominated the federation of Pakistan through the law and justice division secretary, parliamentary affairs division secretary and the ECP through the chief election commissioner as respondents. 

Published in The Express Tribune, April 20^th, 2018.