ISLAMABAD: The Election Commission of Pakistan (ECP) has ordered to print proposed nomination forms for electoral candidates although it awaited an approval by President Asif Ali Zardari.

The commission explained that it had sent the nomination form (for electoral candidates) to the president for approval under section 107 of Representation of the People Act (ROPA) on Feb 20, the ECP said in its statement issued on Monday.

Thereafter, the commission did not get any response until the meeting with Federal Law Minister Farooq H. Naek on March 7, during which the minister said that he had a number of objections to the proposed form, the statement said, adding that the ECP asked the law minister to submit his objections in writing immediately so that the same may be considered by the ECP.

Subsequently, the law ministry sent its objections in writing on March 8. Following which a reply was immediately sent on behalf of the ECP on the same date wherein it was stated that the ECP did not agree with the objections of the ministry and requested to send the proposed form to the president for approval latest by March 11, the commission stated.

“Today it is March 11 and as the printing of the nomination forms has to start today, therefore, the commission cannot wait for the president’s approval any longer,” said the statement.

In these circumstances, the ECP noted that it was of the view to print the proposed nomination form without waiting for the approval.

Dilating on legality, the commission stated that the legal basis for this is that (i) it is the mandate of the ECP to conduct free, fair and transparent elections under Article 218 of the Constitution, (ii) the approval of the president under section 107 of ROPA is merely a formality and (iii) the Supreme Court has stated in the Worker's Party case that the ECP “is empowered and independent to do all that is necessary to fulfil its constitutional mandate and instruct that it do so.”

“In of view the above, the ECP has issued direction for printing of the proposed nomination form forthwith,” the commission stated.

Farooq H. Naek says

Meanwhile, speaking to media representatives outside the parliament house, Naek said that recommendations of the election commission about proposed nomination papers of the candidates have been forwarded to the president and it is his prerogative to approve or disapprove them.

He said the government respects the independent ECP and acknowledged that scrutiny of nomination papers should be held as per articles-62 and 63 of the constitution.

The law minister said the election commission has shared a tentative election schedule but it is again a prerogative of the president to announce final date of the polls.

Replying to a question he said till appointment of the caretaker prime minister, Raja Pervez Ashraf would remain the chief executive of the country. He said before expiry of the term of the present assembly the Prime Minister and the Leader of the Opposition in the National Assembly can propose more than two names but in case no consensus is reached by that time then each one of them will propose two names for consideration by the parliamentary committee.

To another question, he said governor's rule will have to be lifted in Balochistan as the process of establishment of the caretaker set up requires existence of the chief minister and the leader of the house in the provincial assembly– APP/PPI

PILDAT welcomes ECP's initiative

Pakistan Institute of Legislative Development and Transparency (PILDAT) has welcomed the ECP directive for printing of the proposed forms without waiting for the approval of the president and the government.

“This is an important step towards the ECP effectively exercising its independence and powers conferred upon it by the constitution,” said the Pakistan based think tank on its website.

It also said, “Even though PILDAT does not entirely agree with all the changes in the nomination paper, it respects and upholds the ECP's right to exercise its powers to retain and carry the changes it has made.”