Slight changes in candidate declaration under new law

ISLAMABAD: The language used for the declaration form of candidates under the newly enacted Election Act 2017 has been slightly changed as compared to the one under the Representation of the People (Conduct of Election) Rules, 1977 -- replacing the page title from “Declaration and Oath by the person nominated” to just “declaration by the candidate.”

Similarly while all Muslim candidates contending for the Senate and National and provincial assemblies are still obligated to declare their belief in the absolute and unqualified finality of the prophethood of Prophet Muhammad (PBUH), the language used in undertaking is “I believe” instead of “I solemnly swear.”

Similarly two clauses of Conduct of General Elections Order 2002 dealing with the status of a minority and mechanism of determining religion of a candidate has been repealed under the new Act signed by the President on Monday after its passage from Parliament.

While a top religious organisation working on the issue has protested the change, experts believe the change may not have any practical implications as far as the issue of the finality of the Holy Prophet (PBUH) is concerned.

“Language used in the new form for the declaration has been significantly changed when compared with the one used under the Representation of the People (Conduct of Election) Rules, 1977. Though it may not have practical implications due to the fact that at the end of form, Solemn Affirmation is still provided which is arguably equivalent to an oath. However, this change was not desirable as it creates unnecessary controversy,” says Dr Hafiz Azizur Rehman, Assistant Professor of Law at Faculty of Shariah & Law, International Islamic University.

He expressed concern over repeal of Clause 7 (b) and (c) which were part of Conduct of General Elections Order 2002. The Clause 7(b) merely reiterated the status of a minority already mentioned in the Constitution. While Clause C explains mechanism to determine faith of a candidate. “It is not clear how such issues will be addressed henceforth as these two clauses are not part of the new law,” Dr Aziz said. The two clauses had been added in the election rules in 2002 when military dictator General Musharraf decided to restore joint system of electorate, allowing minority voters to vote for Muslim candidate and contest on all seats.

Meanwhile, leaders of Aalmi Majlis Tahaffuz Khatm-e-Nubuwwat, said change of language in new election law is unaccepted. “The laws regarding the finality of the prophethood will be protected at every cost,” said a statement issued by the organisation. The religious body said the omission of word Oath and other words from the new law will not be tolerated.

The statement strongly criticised the government for trying to protect a minority. According to draft of the Elections Act 2017 as uploaded by the National Assembly on its website, all Muslim candidates have to declare their belief in the absolute and unqualified finality of the Prophethood of Prophet Muhammad (PBUH), the last of the prophets.

Clause iii of a declaration that every contesting candidate has to make and which appears on page 117 of the Elections Act 2017 says: “I believe in the absolute and unqualified finality of the Prophethood of Muhammad (Peace Be Upon Him), the last of the prophets and that I am not the follower of anyone who claims to be a prophet in any sense of the word or of any description whatsoever after Prophet Muhammad (Peace Be Upon Him) and that I do not recognise such a claimant to be prophet or a religious reformer, nor do I belong to the Qadiani group or the Lahori group or call myself an Ahmadi.”

The declaration also said: 1 (the nominated candidate) hereby declare that I have consented to the nomination and that I fulfill the qualifications specified in Article 62 of the Constitution and I am not subject to any of the disqualifications specified in Article 63 of the Constitution for being elected as a member of the National Assembly/Senate/ Provincial Assembly; and I belong to (name of political party) and certificate from that political party showing that I am a party candidate from the above said constituency is attached or will be provided at the time of allocation of election symbol (or I do not belong to any political party. (Strike off the word not applicable).”

It was also noted that the declaration about the finality of the Prophethood of Prophet Muhammad (PBUH) is for Muslim candidates only and is not applicable to non-Muslim contestants.

The declaration further said: I will be truthful to the declaration made by the Founder of Pakistan Quaid-c-Azam Muhammad Ali Jinnah that Pakistan would be a democratic state based on Islamic principles of social justice. I will bear true faith and allegiance to Pakistan and uphold the sovereignty and integrity of Pakistan and that I will strive to preserve the Islamic ideology which is the basis for the creation of Pakistan.

The declaration also requires the candidates to open an exclusive bank account for the purpose of election expenses. The name and branch of the scheduled bank will have to be given. Besides, the contestants will need to give their national identity card numbers etc.