ISLAMABAD: As the government battles to tide over the growing public outcry, and political backlash in the wake of controversial amendment to the Nomination Form for the election to the National and Provincial Assemblies, and the Senate, it has emerged that the parliamentary committee on electoral reforms had been forewarned against any emission or deletion to the Nomination Form.
Powers for which had been with the Election Commission of Pakistan (ECP) in the constitution as affirmed in the judgement by the Supreme Court (SC).
The News has learnt that after learning about the intention of the parliamentary committee on electoral reforms to introduce certain amendments to the Nomination Form on its own, the election commission had written to the committee in May, explaining the constitution position and ECP’s mandate to do the same itself. It had been advised to the members of the parliamentary committee on electoral reforms to forward any suggestion for amendment, addition or deletion to the commission which alone as per constitution was empowered to do the needful.
The News learnt that ECP wrote a letter to Parliamentary Committee on electoral reforms stating that in a meeting, held on May 16, 2017, some members of the committee proposed that nomination forms of election to the NA, provincial assemblies and Senate may be made part of the section 60 and 109 of the Draft Election Act 2017, respectively so that the same could not be amended by the ECP on its own in future.
The ECP stated that the matter was discussed by the ECP, which expressed strong reservations and observed that it was prerogative of the Rule Making Authority (ECP) to design and draw Forms for carrying out the purpose of the Act and to fulfill its obligation under Article 218(3) of the Constitution of Pakistan 1973.
Further that all forms prepared by the EC under the draft ECP rules 2017have been shared with the Parliamentary Committee on electoral reforms and if any of the members of committee has proposal for addition and omission of any party of the nomination Form or any other Form , such proposal may be sent in writing to the EC.
The EC may consider such addition of omission if found reasonable. The ECP had further observed that while exercising its power under Article 218(3) of the Constitution, it may solicit any information in nomination Form from prospective candidates to ensure free, fair and transparent elections and to guard against corrupt practices.
The News learnt that EC letter addressed to the parliamentary that some improvement/amendments were made in the Nomination Form in 2013 and the same was produced before the SC. The court made said improved/amended Nomination Form part of its order date 14th March 2013 and the court held that “thus, it is declared that ECP in compliance of Article 218(3) read with Article 222 of the Constitution section 103 and 104 of the Representation of the people act, 1976 and judgement in the Workers Party case has prepared improved nomination forms for the forthcoming general elections for national and provincial assemblies, in accordance with the Constitution and Law.”
The EC advised caution in amendments in the said Form in view of the judgment of the SC. It is, therefore, requested to kindly communicate the observations of the Constitution to the Parliamentary Committee of Electoral Reforms.
The News learnt on Authority that after that letter Parliamentary Committee on Electoral Reforms didn’t invite EC to Committee proceedings in and preferred to take decision to withheld the power of EC to amend the Forms and removed word 'solemnly' declaration, which brought embarrasment for the government and created unnecessary controversy, which forced government to introduce further amendment in Act of electoral reforms within one week's time .
