Institutional face-off: ECP’s independence rubs Senate body the wrong way

The watchdog cannot bar the committee from intervening in electoral affairs, says the AG.

ISLAMABAD:

The election watchdog’s initiative to launch new nomination forms without the president’s approval trespasses the boundary of the law, the Senate Special Committee on Election Affairs was informed by the chief law officer on Thursday. 

The Election Commission of Pakistan (ECP) has borne criticism over the contents of the nomination papers – a mandatory form to be filled by all those aspiring to contest the elections. Lawmakers have said that the form was “unnecessarily complicated”, and looked into “private affairs.” One of the Senate committee members felt that the form asked offensive questions. “It asks female candidates about the number of their spouses. Can a Muslim woman to have more than one spouse at a time?”

“There will be a flood of petitions if these nomination papers remain intact,” added the member, once the meeting had decided to challenge ECP’s “audacity” in court.

However, election commission deputy director Khursheed Alam said that the nomination forms had indeed been sent to the president for approval, but his office had delayed the response for so long that the commission had decided to go ahead. “Furthermore, the Supreme Court had sanctioned our move. The Supreme Court is the greatest judicial authority,” he told The Express Tribune. “Where will the parliamentary body challenge us now?”

Parliament’s role

Earlier, the special committee had proposed to play a role in overseeing the electoral process, but its involvement was rejected by the ECP. Following this, the committee called this special meeting to deliberate on the rejection of its proposal, and also address issues pertaining to nomination papers.

Attorney General Irfan Qadir said that the ECP’s refusal to allow Parliament’s involvement was unfounded. The parliamentary committee is not barred from assisting the watchdog in overseeing the electoral process, said the government solicitor, while briefing the meeting on the legal position of new nomination papers. “It is our constitutional right to comment on all business which has public importance,” said a committee member, defending the body’s stance.

However, ECP’s Khursheed Alam begs to differ. Citing clause three of Article 218 of the Constitution, he said that the commission was “fully empowered” to administer to all election-related affairs.

The special committee asked three members to write a letter to the ECP listing their reservations against the nomination papers and the commission’s refusal to allow them to be involved. They are Senator Farhatullah Babar, Senator Sughra Imam and Senator Tahir Hussain Mashadi.

Published in The Express Tribune, March 22^nd, 2013.