Candidates challenge rejection of nominations

Only two candidates file appeals in election tribunals on the first day

RAWALPINDI:

The crucial phase of filing of appeals in the election tribunals to challenge the rejection of nomination papers by the candidates for the upcoming general elections – slated for February 8 – has commenced.

The initial day saw only two candidates filing appeals, including an appeal filed by Pakistan Tehreek-e-Insaf (PTI) candidate Umair Khan Niazi of NA-89 in District Mianwali, which was approved for hearing by the Election Tribunal Judge, Justice Chaudhary Abdul Aziz.

Notices were issued to the Election Commission of Pakistan (ECP) and the Returning Officer concerned for Tuesday [today]. Justice Aziz while conducting an urgent hearing of the appeal, accepted it for hearing and called for all the records. The second appeal was lodged by Babar Sultan Jadoon, a candidate from the Pakistan Peoples Party (PPP) in NA-55 of Rawalpindi Cantt. This appeal is scheduled to be heard by Election Tribunal judge Justice Mirza Waqas Rauf on Tuesday [today].

The window for filing appeals against paper rejections for seven national and 14 provincial seats in Rawalpindi district will remain open until January 3.

A surge in filing of appeals is anticipated on Tuesday [today], including those from ex-home minister Sheikh Rashid Ahmed's nephew for NA-56 and NA-57 and an appeal from the ex-prime minister and PTI founder chairman Imran Khan from Mianwali.

Sources told The Express Tribune that the former interior minister received the copy of the rejection decision for NA-56 at 11am and for NA-57 at 3pm, exhausting the deadline to file the appeal.

Meanwhile, Former provincial minister Basharat Raja and Nasir Raja and PPP’s candidate for NA-56, Mian Khurram Rasool, are also expected to file appeals on Tuesday.

The judges of the election tribunal are set to decide on all appeals by January 10, and on January 11, the ROs will release the updated list of candidates. Nomination papers withdrawal is slated for February 13, coinciding with the allocation of election symbols to candidates on the same day.

In light of the appeal proceedings in the Lahore High Court’s (LHC) Rawalpindi Bench, stringent security measures have been put in place. A substantial police presence is stationed at key locations such as the high court route, main gate, and premises.

Senior LHC Judge Sadaqat Ali Khan has issued a stern warning to the police, emphasising that any arrests or obstruction in the candidates’ and their lawyers’ movement within the court premises will not be tolerated under any circumstances.

The high court is anticipated to be the epicentre of all political activities.

Read Nawaz Sharif’s nomination papers for NA-130 challenged

Poll transparency

On the other hand, the Free and Fair Election Network (Fafen) has urged the ECP to publish the decisions of the ROs regarding objections to the nomination of candidates and rejections of nomination papers on its website, saying it will contribute towards a more informed discourse and strengthen electoral transparency.

“Section 62 (11) of the Elections Act, 2017 requires the ROs to endorse their decision on each nomination paper, either accepting or rejecting it, and in the case of rejection or objection to acceptance, record brief reasons for their decisions,” said a statement issued Monday.

“Although the Elections Act, 2017 does not contain any specific provisions that warrant publication of such decisions, Fafen believes that Section 4(3) of the Act empowers the commission with expansive authority to undertake any measures necessary to fulfil its constitutional mandate of conducting elections honestly, justly, fairly, and by the law, while safeguarding against corrupt practices,” it added.

Fafen suggested the poll watchdog that it may invoke “this authority to upload such decisions on its website, which will also help quell any disinformation and misinformation on the matter”.

“By sharing ROs’ decisions, the ECP will empower citizens to comprehend the reasons behind these decisions, and encourage informed opinions about the electoral process,” it said.

“This measure will not only reinforce the transparency of the electoral process but also serve as a safeguard to its credibility against the proliferation of misinformation and disinformation that often stems from incomplete information,” it added.

Published in The Express Tribune, January 2^nd, 2024.