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Thursday April 25, 2024

PPP, PTI awaken at the eleventh hour

By Ansar Abbasi
September 22, 2017

ISLAMABAD: The Electoral Reforms Bill as passed by the National Assembly and also endorsed by the Senate Committee on Law, if passed by the Upper House, will help bring back Nawaz Sharif as President of the PML-N.

However, to counter this possibility, the PPP and the PTI have moved separate amendments in the Electoral Reforms bill to permanently bar any person disqualified under articles 62 and 63 from being an office-bearer of a political party.

The bill, as passed by the National Assembly and even cleared by the Senate’s Committee on Law and Justice, does not include any provision of barring such a person from holding any office in a political party.

The scenario for the return of Nawaz Sharif as President of the PML-N will be created if the Senate endorses the bill as passed by the NA or even as recommended by the Senate committee. 

With the enactment of Electoral Reforms Bill, 2017, at least six laws including Political Parties Order 2002 will stand repealed. The PPO 2002 provides for bar on holding any office of a political party for any person who is not qualified to be a member of parliament or is disqualified under articles 62-63. However, the present bill does not include any such provision.

The PPP and PTI could not identify this lapse either while passing the bill in the National Assembly or even during the consideration of the bill by the Senate Committee on Law and Justice.

As the government intends to move the bill before the Senate on Friday for voting, the PPP and PTI introduced their respective amendments to ensure Nawaz Sharif does not return as PML-N President.

Seeking amendment in Clause 203 of the bill, PPP senators Aitzaz Ahsan, Taj Haider, Sherry Rehman and Murtaza Wahab, along with ANP’s Ilyas Bailour and PML-Q's Kamil Ali Agha, noticed the Senate Secretariat to add a proviso for blocking Nawaz Sharif’s return.

The Proviso reads as: “Provided that the person shall not be appointed or serve as office-bearer of a political party if he is not qualified to be, or is disqualified from being, elected or chosen as Member of Majlis-e-Shoora (Parliament) under any law for the time being in force.”

PTI senators Mohammad Azam Khan Swati, Syed Shibli Faraz and Mohsin Aziz, while seeking an amendment in the same Clause 203 of the bill, suggested Proviso, which reads as: Provided that a person shall not be appointed or serve as an office-bearer of a political party if he is not qualified to be, or is disqualified from being, elected or chosen as member of the Majlis-e-Shoora (Parliament) under Article 63 of the Constitution of the Islamic Republic of Pakistan or under any other law from the time being in force.” 

The bill once enacted will repeal six laws including the Electoral Rolls Act 1974, Delimitation of Constituencies Act 1974, Senate Election Act 1975, Representation of the People Act 1976, Election Commission Order 2002, Conduct of General Elections Order 2002, Political Parties Order 2002 and Allocation of Symbols Order 2002.

Following his disqualification, former prime minister Nawaz Sharif had to recently resign even as president of the PML-N because of Clause 5(1) of the Political Parties Order 2002. The said clause, which is not covered in the Elections Bill 2017 as passed by the NA, envisages: “Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party or be otherwise associated with a political party or take part in political activities or be elected as office-bearer of a political party: Provided that a person shall not be appointed or serve as an office-bearer of a political party if he is not disqualified to be, or is disqualified from being, elected or chosen as a member of the Majlise-Shoora (Parliament) under Article 63 of the Constitution of the Islamic Republic of Pakistan or under any other law for the time being in force.”