LAHORE: The Supreme Court on Sunday suspended the nullification of nomination forms of electoral candidates for the upcoming general elections by the Lahore High Court (LHC).
The apex court bench headed by Chief Justice Mian Saqib Nisar announced the verdict after former speaker of National Assembly and Pakistan Muslim League-Nawaz (PML-N) leader Sardar Ayaz Sadiq and Election Commission of Pakistan (ECP) filed petitions challenging the LHC’s ruling on the nomination forms.
During the hearing, the counsel for the petitioners stated that LHC’s decision on nomination forms would delay elections, adding that they have brought the matter to the Supreme Court as they do not want the elections to be postponed.
In its appeal, the ECP maintained that a date has been set for the election and to make changes in the nomination papers will cause a delay in the election process.
The CJP asserted that the elections would be held on July 25, and “the ECP will be personally responsible if elections are postponed”.
Sadiq’s lawyer, however, took a different line, arguing that only parliament has the right to legislate on any matter, including the electoral process.
The ECP, meanwhile, has announced revised dates for the submission of nomination papers by candidates aspiring to contest the upcoming general elections.
Exercising its powers under Section 58 of the Elections Act, 2017, the ECP revised dates for filing of nomination papers with the returning officers by the candidates from June 4 to June 8, while the publication of nominated candidates will be issued on June 8. The schedule is also valid for candidates on reserved seats – women and non-Muslims – in National Assembly and all provincial assemblies.
Previously, the ECP had outlined submission dates from June 2 to June 6 while the publication of candidate names was to be made on June 7.
In its verdict on Friday, the LHC had nullified the nomination papers which were to be submitted by the candidates for general elections 2018, ruling that they did not seek necessary information and declarations such as details on educational background, criminal record or if they held dual nationality. The court had ordered the ECP to add the requirements of articles 62 and 63 of the constitution in the nomination papers. The LHC affirmed that the ECP had the authority to make any changes in the nomination papers. However, the decision would not affect the schedule of the election, the court had ruled.
The ECP had on Saturday announced to approach Supreme Court against the LHC’s verdict. Caretaker Prime Minister Justice (r) Nasirul Mulk had also directed the Ministry of Law and Justice to file an appeal against the ruling.
Major political parties of the country were found crying foul over court verdicts setting aside the nomination forms for the upcoming general elections as well as declaring delimitation of eight provincial constituencies in Quetta district null and void.
Pakistan People’s Party had asserted that any amendments to the nomination papers should be made by the parliament only. “The verdict came even after the announcement of the election schedule. What does this signify? Only the judge can tell us what the reason behind the delay in the verdict is. Even the Senate elections were held according to the same nomination papers,” former speaker Sardar Ayaz Sadiq had questioned.
“PTI understands that the elections should be held on time,” Pakistan Tehreek-e-Insaf (PTI) spokesman Fawad Chaudhry had said, adding that PTI would take up the case legally if there was any delay in the elections.
PML-N leader Raja Zafarul Haq, however, had said that ECP officials had told him that the way high courts were cancelling delimitations, it would be very difficult to hold elections on time.
Published in Daily Times, June 4th 2018.
