the last three financial years in a prescribed table. Interestingly, “land revenue” column was abolished in all the four provinces much before 2002 when new nomination form was prescribed. In Punjab it was replaced with agricultural income tax in 1997. However, intentionally “land revenue” was demanded in serial No. 11 of the nomination forms and all politicians got united to resist making any change in this column as they could be asked to disclose their tax and other details. Though change in the nomination forms was mandatory but politicians as well as ECP functionaries, who are always nominees of some powerful politicians, were resisting any change. After a decision of LHC on a writ petition filed by senior lawyer Shahid Jami, ECP was left with no option but to suggest amendments in nomination forms requiring more details from candidates. However, these suggested amendments required approval of the president. After PPP government refused to accommodate these changes in the nomination form, the ECP on March 11, 2013 announced through a press release that it has decided to print amended nomination forms without presidential approval as it is empowered by the Constitution to do so. This was done because of LHC order and as media was repeatedly highlighting the inefficiency and inaction of the commission. However, ECP ensured that these amendments are not accommodated in nomination papers for the Senate elections and thus these forms are still faulty.
Shahid Jami fought a long war for these simple but necessary amendments. He first wrote to ECP on October 2, 2010. After receiving no reply, he once again wrote on June 24, 2011. Failing to get any response, he finally informed ECP on January 12, 2012 that a writ petition would be filed if ECP didn’t move to correct basic mistakes in the nomination forms. This time he did get a reply from the then secretary ECP Ishtiaq Ahmad Khan on January 14, 2012 but unfortunately nothing happened for ten months. Jami finally moved the LHC, which ordered ECP to accommodate the changes, but ECP didn’t change the forms for Senate elections and is now facing government pressure not to make any change.
What PPP failed to achieve by confronting two state institutions and the media, the PML-N has almost achieved it without any hurdle. But the Lahore High Court is still there and ECP may not have a smooth sailing with faulty nomination forms. The ECP March 11, 2013 press release is still available on its website on link http://ecp.gov.pk/ViewPressReleaseNotificDetail.aspx?ID=1882&TypeID=0.
The following important points of Shahid Jami’s petition are to be heard by LHC today:
1. That the writ petition No.29231/12 was filed in respect of defective nomination forms and statement of assets and liabilities therein for the candidates of National Assembly, Provincial Assembly and Senate.
2. That on issuing of admitting note by this Hon’ble Court on the writ petition, the Respondent No.1 issued new nomination form on 11.03.2013 for the National Assembly and Provincial Assemblies wherein all the mistakes pointed out were corrected. However nomination forms for the Senate remained unchanged.
3. That the aforesaid nomination forms were issued by Respondent No.1 on its own without approval of the President of Pakistan as mentioned in its press release still obtaining at its website.
4. That Respondent No.1 has recently notified holding of election for the Senate seats for the members who are due to retire on 11.03.2015.
5. That for this election, the defective nomination forms are being used as evident from their placement on the Respondent No.1 website.
6. That whereas a full bench of this Hon’ble court in writ petition No.9708-13 had observed as under in respect of column of agricultural income in the new nomination form for the national/provincial assemblies:
“14. This Court is hopeful that in future, the Election Commission of Pakistan will establish better cooperation with revenue authorities and reframe column No.14 soliciting correct information from a prospective candidate in accordance with the Act.”
7. That in view of the foregoing, it is prayed that the pending writ petition is fixed for hearing and Respondent No.1 is refrained from holding Senate election on the defective nomination forms as per grounds of the main petition.
According to Shahid Jami’s original petition there are also deficiencies in assets and liabilities forms. A paragraph of his petition reads: That all nomination forms include statement of assets & liabilities of the candidates as well. Moreover, section 42A of the Act provides that every elected member shall submit statement of assets & liabilities on the prescribed form of his own, his spouse and his dependants to the Election Commission by 30th day of June each year. Columns in both these forms are also flawed and do not serve the intended purpose such as:
i. There is no column for gross total of assets and of net wealth.
ii. There is no column for assets on the previous 30th June.
iii. There is no column indicating the increase in assets from previous year and sources thereof after accounting for personal expenditure during the year.
iv. The column of present value of property is irrelevant and created erroneous presentation as assets are to be declared at cost only.