Election 2018: High courts’ decisions to be challenged in SC

ISLAMABAD: The caretaker Prime Minister Justice (retd) Nasirul Mulk on Saturday directed the Ministry of Law and Justice to file an appeal against the Lahore High Court’s verdict that declared the nomination papers for the general election 2018 null and void. The government's decision [to file an appeal] was based on ensuring timely elections.

In its verdict on Friday, the Lahore High Court (LHC) nullified the nomination papers, which would be submitted by candidates for the upcoming general election, ruling they did not seek necessary information and declarations such as details on educational background, criminal record or if they were dual nationals.

The court ordered the Election Commission of Pakistan (ECP) to again add the requirements of Articles 62 and 63 of the Constitution in the nomination papers.

Meanwhile, the Election Commission of Pakistan (ECP) also announced to immediately challenge the verdicts of Lahore High Court and Balochistan High Court in the Supreme Court after an emergency meeting on Saturday.

Chief Election Commissioner Sardar Muhammad Raza chaired the meeting. "The Election Commission of Pakistan has decided to immediately approach the Supreme Court over yesterday's decision of the Lahore High Court," Additional Secretary Akhtar Nazeer told reporters here. "The Balochistan High Court has declared delimitation of eight provincial assembly constituencies in Quetta and one in Panjgur null and void.

The Election Commission of Pakistan will also immediately approach the Supreme Court on this matter," Nazeer said while talking to reporters following the meeting.

Nazeer said returning officers across the country have been asked to not accept any nomination papers on June 3 and 4. A new schedule would be issued to the returning officers after the Supreme Court gives its verdict, he added. The current schedule has a margin of extending it by two to three days, according to the official. However, the election would be held on July 25, he added.

The emergency meeting, summoned by the ECP late on Friday night, got underway earlier today to review the LHC’s annulment of changes in nomination papers and Balochistan High Court's rejection of delimitation of eight constituencies in Quetta. Speaking to journalists ahead of the meeting, the ECP Secretary Babar Yaqoob said the commission had received the LHC decision on the nomination forms. He said the court has given several directives to the ECP regarding the matter; however, the ECP would decide whether to prepare new nomination forms or make changes to the previous ones. The secretary told journalists that the commission had also received the orders on delimitations.

In a related development, Speaker National Assembly Ayaz Sadiq announced that he is going to challenge the LHC decision [with regard to the nomination papers]. Speaking to the media, he said all the parties in Parliament have approved the Election Reforms Act. He said as the custodian of the assembly it is his responsibility to file a petition against the LHC decision. Ayaz said the preparation of new forms would delay the holding of election; therefore, he will appeal that the said date should not be changed so the election could be held on time. He further said similar conspiracies against the Pakistan Muslim League-Nawaz (PML-N) took place even in 2002 but they will not succeed.

Reacting to the high courts’ decisions, the PPP Chairman, Bilawal Bhutto Zardari, said the timing of verdicts [of Lahore, Islamabad and Balochistan high courts] is a cause for concern. “The PPP held a press conference emphasising its principled opposition to delay in elections. The IHC, BHC and the LHC decisions and timings are a cause for concern particularly given nominations were to start tomorrow,” Bilawal tweeted. The PPP chairman also expressed concern over the former KP chief minister Pervez Khattak’s letter to the ECP seeking reconsideration of the timing of polls in the tribal belt which was recently merged with Khyber Pakhtunkhwa and a resolution in the Balochistan Assembly seeking a one-month delay in the 2018 general election. “Parliament’s authority undermined. KP CM letter and Balochistan resolution also for concern,” he added.