Senate approves bill limiting disqualification period to five years

The Senate on Friday approved a bill seeking amendments to Section 232 (Qualifications and Disqualifications) of the Election Act, 2017 aimed at limiting the disqualification period of a person to five years. 

The amendment proposed that the disqualification period of any person will not exceed five years if the duration is not determined in the judgment.

Senator Hafiz Abdul Kareem presented the bill which said that anyone convicted under a judgment, order or decree of the Supreme Court, high court or any court would be disqualified for five years starting from the date of the judgment.

Senator Dilawar Khan said that three-time prime minister Nawaz Sharif became a victim of this law.

According to Article 62, Clause 1F, anyone would not be disqualified for over five years and that person should be eligible to become a member of parliament or provincial assembly.

“Notwithstanding anything contained in any other provision of this Act, any other law for the time being in force and judgement, order or decree of any court, including the Supreme Court and a high court, the disqualification of a person to be elected, chosen or to remain as a member of the Parliament or provincial assembly under paragraph (f) of clause (1) of Article 62 of the Constitution shall be for a period not exceeding five years from the declaration of the court of law in that regard and such declaration shall be subject to the due process of law,” stated the bill. 

It said that the procedure, manner and duration of disqualifications and qualifications should be as specifically provided for in relevant provisions of Articles 63 and 64 of the Constitution. 

“Where no such procedure, manner or duration has been provided for therein, the provisions of this Act shall apply,” it added.

ECP authorised to announce election date 

The bill also included the amendment to Sections 57-1 and 58 of the Election Act 2017 aimed at authorising the Election Commission of Pakistan (ECP) to announce a date for the general election and make changes to the Election Programme. 

In April, Chief Election Commissioner (CEC) Sikandar Sultan Raja asked parliament to pass legislation by writing separate letters he sent to National Assembly Speaker Raja Pervaiz Ashraf and Senate Chairman Sadiq Sanjrani.

The bill was tabled by State Minister Shahadat Awan in the upper house of parliament which would allow the ECP to announce an election date and make alterations to the election programme.

The amendment to the bill was opposed by the Pakistan Tehreek-e-Insaf (PTI) and Jamaat-e-Islami (JI). Leader of the Opposition Shahzad Waseem said that parliament was being bulldozed, adding that allowing the ECP to choose a date for polls would be a "violation of the Constitution".

Section 57-1 stated that the ECP would be authorised to announce the date for the general elections.

Section 58 said: "The Commission may, at any time after the issue of the notification under sub-section (1) of that section [57-1], make such alterations in the Election Programme announced in that notification for the different stages of the election or may issue a fresh Election Programme as may, in its opinion to be recorded in writing, be necessary for the purposes of this Act."