LAHORE: The Supreme Court on Sunday suspended the Lahore High Court (LHC) verdict on preparation of fresh nomination papers and declared that no delay in general elections scheduled to be held on July 25 would be accepted.

A two-judge bench of the apex court, headed by Chief Justice of Pakistan Mian Saqib Nisar, reminded the Election Commission of Pakistan (ECP) that it would be held responsible in case of any delay.

The SC decision resulted in an ECP announcement to resume collection of nomination papers from Monday (today), though it had to extend the deadline for submission of forms till June 8. Following the LHC’s judgement on Friday, returning officers across the country had been directed to stop receiving nomination papers from candidates aspiring to contest the upcoming general elections.

Rules that delay in polls unacceptable, allows appeals for hearing; ECP modifies schedule

The LHC ruling on nomination papers was earlier challenged in the Supreme Court by the ECP as well as National Assembly Speaker Sardar Ayaz Sadiq. The SC accepted both appeals for hearing and declared that any delay in the polls would not be accepted.

Justice Ayesha A. Malik of the LHC on Friday ruled that the new nomination forms did not seek mandatory information and declaration from candidates as required by law and the Constitution. “The term ‘dependent children’ used in the Elections Act 2017, specifically in sections 60, 110 and 137 and in Form A and B is held to be read down to be construed and interpreted in terms of the constitutional requirement provided for in Article 63(1)(n) and (o) of the Constitution,” the judge observed.

Challenging the ruling on Sunday, the counsel for the ECP apprised the apex court that returning officers across the country had stopped receiving nomination papers after the LHC had ordered inclusion of columns for “all mandatory information and declarations” in Forms A and B (nomination papers), which had been used in the 2013 polls, for the general elections 2018.

The counsel said that parliament had taken back the authority from the ECP to change the nomination forms under the law. He said the LHC directly intervened into the jurisdiction of the election commission and prima facie the LHC violated the basic rules.

He added that the LHC order could delay the general elections.

Addressing ECP secretary Babar Yaqoob Fateh Mohammad, the bench declared that the apex court would not accept any delay in holding of the general elections on July 25 and the ECP would be held responsible if it happened.

While accepting the appeals for hearing, CJP Nisar asked the counsel for Mr Sadiq why the word ‘Speaker’ had been used in the petition? The counsel said that being the custodian of the house (parliament), he could file the petition as only the parliament had the right to legislate on any matter, including the electoral process.

The CJP, however, directed the counsel to rectify the flaws in the appeal.

The LHC in its judgement had noted that the impugned forms did not contain the following information and declarations that were part of the 2013 nomination forms — educational qualification of the candidate, current occupation/job/profession/business of the candidate, dual nationality (if any), national tax number/income tax returns/ and payment of income tax, agriculture tax returns and payment of agriculture tax, criminal record (if any), assets and liabilities of dependents, declaration pertaining to election expenses, declaration pertaining to any default in loan or government dues by dependents, declaration that the candidate will abide by the ECP’s code of conduct.

Revised schedule

Following the SC’s decision, the ECP announced revised dates for collection of nomination papers from candidates aspiring to contest the upcoming general elections.

Exercising its powers under Section 58 of the Elections Act, 2017, the ECP said returning officers would accept nomination papers from candidates from June 4 to 8. According to the previous schedule, the candidates were required to submit nomination papers between June 2 and 6.

According to the revised schedule, the list of candidates would be issued on June 8. The schedule would also apply to candidates for reserved seats in the national and provincial assemblies. “All the remaining stages (announced earlier) shall remain intact and poll will be held on July 25, 2018, as notified earlier,” the ECP declared.

PTI endorses old forms

Meanwhile, senior leader of Pakistan Tehreek-i-Insaf Asad Umer in a tweet stated: “The old nomination forms should be restored and the Supreme Court should take a clear decision in this regard on Monday so that there is no delay in elections.

“We cannot have forms which give public the impression that politicians’ misdeeds are being allowed to be hidden.”

Published in Dawn, June 4th, 2018