New nomination forms: Changes proposed by ECP are constitutiona says SC

Expresses disappointment with parliament’s attitude towards electoral reforms.

ISLAMABAD:

The Supreme Court on Thursday ruled the changes in nomination forms proposed by the Election Commission of Pakistan were ‘strictly in accordance with the law and the Constitution’.

While hearing the case on election reforms, the three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, observed that the commission had developed the new nomination forms under the powers accorded to it by the Constitution and made the contents of the form part of its order dated March 14 (Thursday).

“There is no doubt that the ECP has the constitutional commitment and obligation to arrange/organise elections in free, fair and honest manner in terms under article 218(3) … (it) also enjoys powers under article 222 of Constitution,” read the court’s order.

During Thursday’s proceedings, Chief Justice Chaudhry expressed disappointment with Parliament’s attitude, observing that the National Assembly had adopted five bills but failed to work on electoral reforms. He warned that ‘not a single day’s delay’ would be allowed for the upcoming polls.



The chief justice’s remarks came in response to Attorney General Irfan Qadir’s reply, when questioned as to why the government was creating hurdles for the ECP. Qadir, who appeared on behalf of the federation, maintained that the law ministry and a special committee of the Senate examined the changes in the nomination forms suggested by ECP. He said that based on concerns raised by the committee, the ministry sent the proposed nomination forms along with objections back to the ECP, adding that it had yet to receive a response from the commission in this regard.

When asked about this, ECP’s counsel Munir Paracha stated he had no instructions in this regard, adding that he would be in a position to reply after consulting the commission.

In his reply, the attorney general also maintained that it would be impossible for the Parliament to pass legislation in accordance with ECP’s desires in light of NA’s dissolution on March 15 (today). He suggested the needed legislation could be promulgated through a presidential ordinance under article 89 of the Constitution.

Noting the matter’s importance, the bench agreed with Qadir’s suggestion that the President was empowered to issue an ordinance and observed that “there should not be any difficulty either for the ECP or the competent authority in this regard.”

“However, it is for the ECP to take up the issue for this objective and in such circumstances request the competent authority to issue the ordinance,” the bench added.

Meanwhile, the attorney general told the bench that ECP had forwarded a request under section 107 of the Representation of People Act (RoPA) 1976 for amending rule 3 of the Representation of People (Conduct of Election) Rules 1977. He said the President had refrained from approving the request as the government had reservations against several parts of the new nomination forms, including those which sought the candidates’ criminal history and information on their foreign trips.

At this, ECP’s counsel Paracha contended that the people had a right to know the candidates’ credentials before casting their vote. He maintained that the issuance of such nomination forms was not beyond the scope of the Constitution and statutory law, and added that ECP had not made any changes to rule 3 of the Representation of People (Conduct of Election) Rules 1977, making some amendments in the pro forma instead.

Paracha also reiterated that in light of the provisions of RoPA 1976 and SC’s judgment on the Workers Party petition, ECP was empowered with ensuring free, fair and transparent elections.

The Chief Justice recalled the court’s judgment on the Workers Party petition, observing that it intended to ensure elections were held in accordance with article 218(3) of the Constitution. He noted that all major parties were issued notices regarding the judgment, adding that none had challenged it.


Published in The Express Tribune, March 15^th, 2013.