What questions ROs can ask candidates, what can’t

Islamabad : A returning officer (RO) is legally barred from putting questions to contesting candidates which have no nexus with the information supplied in their nomination papers.

However, under section 112 of the Elections Act, the ROs may, for the purpose of scrutiny, require any agency, authority or department, including a financial organisation, to produce any document or record or to furnish any such information as may be necessary to determine facts relating to an objection to the candidature of a contestant.

The ROs are also prohibited from asking the candidates the questions which have not arisen from the objections raised by any person or from any information received under this clause.

This will happen when the ROs will scrutinise the candidacy papers of the contenders.

The candidates, their proposers and seconders, and an agent authorised in writing in this behalf by each contestant, may attend the scrutiny of the nomination papers and the RO will give them reasonable opportunity for examining all the candidacy documents.

He will, in the presence of the persons so attending the scrutiny, examine the nomination papers and decide any objection raised by any such person to any nomination.

However, as per section 110 every contestant has to a submit a declaration that he fulfills the qualifications specified in Article 62 and is not subject to any of the disqualifications cited in Article 63 for being elected as federal or provincial legislator.

This declaration will only be questioned by the RO if tangible material to the contrary is available on record.

The RO may, either on his own motion or upon any objection, conduct such summary enquiry as he may think fit and reject a nomination paper if he is satisfied that the candidate is not qualified to be elected as a lawmaker; the proposer or the seconder is not qualified to subscribe to the nomination paper; any legal provision has not been complied with or the declaration or statement submitted by the candidate is false or incorrect in any material particular; or the signature of the proposer or seconder is not genuine. But the rejection of a nomination paper will not invalidate the nomination of a candidate by any other valid candidacy document and the RO will not reject a paper on the ground of any defect which is not of a substantial nature and may allow any such defect to be remedied forthwith. He will not inquire into the correctness or validity of any entry in the electoral roll.

Where a candidate deposits any amount of loan, tax, government dues and utility expenses payable by him of which he is unaware at the time of filing of his nomination paper such documents will not be rejected on the ground of default in payment of such loan, taxes or government dues and utility expenses.

However, where the RO is satisfied that the candidate has willfully concealed such loan, tax or government dues and utility expenses, he will reject his nomination paper. He will endorse on each nomination paper his decision accepting or rejecting it and will, in the case of rejection, record a brief statement of the reasons of his decision.

Under section 113, a candidate or an objector may, within the time specified by the Election Commission of Pakistan (ECP), file an appeal against the decision of the RO rejecting or, as the case may be, accepting a nomination paper to the tribunal constituted for the purpose consisting of a person who is a high court judge, appointed by the ECP in consultation with the high court chief justice concerned. An appeal will be summarily decided within such time as may be notified by the ECP and any order passed on the appeal will be final.

If, on the basis of information or material coming to its knowledge by any source, a tribunal is of the opinion that a candidate whose nomination paper has been accepted is a defaulter of loans, taxes, government dues and utility expenses or has had any loan written off or has willfully concealed such fact or suffers from any other disqualification from being elected as a lawmaker, it may, on its own motion, call upon such candidate to show cause why his nomination papers may not be rejected, and if the tribunal is satisfied that the candidate is actually a defaulter or has had a loan written off or suffers from any disqualification, it may reject the nomination paper of the candidate.

Announcement of the day and time appointed for the hearing of an appeal over the radio or television or by publication in the newspaper will be deemed to be sufficient notice of the day and time so appointed.