Right of appeal available in Senate elections

ISLAMABAD: The nomination papers of a Senate candidate will not be rejected because of a default in payment of any outstanding amount when he deposits any loan, tax or government dues and utility expenses payable by him of which he is unaware at the time of filing of his candidacy documents, the election law states.

Pakistan Muslim League-Nawaz (PML-N) Senator Pervez Rashid’s nomination papers were rejected by the returning officer (RO) on the grounds that he had not paid the dues of the Punjab House in Islamabad. Rashid is now going to challenge the RO’s decision before the one-man tribunal comprising Justice Shahid Waheed of the Lahore High Court (LHC) that has been appointed by the Election Commission of Pakistan (ECP) to hear appeals against the acceptance or rejection of candidacy papers.

Section 112 of the Election Act says where a candidate deposits any amount of loan, tax or government dues and utility expenses payable by him of which he is unaware at the time of filing of his nomination papers, his documents will not be rejected on the grounds 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 loans, taxes or government dues and utility expenses, he will reject the 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.

Appeals against acceptance or rejection of nomination papers can be filed on February 19 and February 20, which will be decided on February 22 and February 23 and a revised list of candidates will be published by the ECP on February 24.

Section 113 says an appeal will be summarily decided within such time as specified by the ECP. “If, on the basis of information or material coming to its knowledge by any source, the 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 wilfully concealed such fact or suffers from any other disqualification from being elected as a senator, it may, on its own motion, call upon such contestant to show cause why his papers may not be rejected. 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 his candidacy documents.”

According to Section 112, the candidates, their proposers and seconders, and an agent authorised in writing by each aspirant, may attend the scrutiny of the nomination papers. The RO will give them a reasonable opportunity for examining all the nomination papers. The RO, in the presence of the persons attending the scrutiny, examines the papers and decides any objection raised by any such person to any nomination.

The RO may, for the purpose of scrutiny, require any agency, authority or organisation, including a financial institution, 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.

While scrutinising the nomination paper of a candidate, the RO will not ask any question which has no nexus with the information supplied in his documents; or has not arisen from the objections raised by any person or from information received. Any declaration submitted by the candidate 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 senator; the proposer or the seconder is not qualified to subscribe to the nomination paper; the relevant provisions of the Elections Act have 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.”

The RO will not reject a nomination paper on the grounds of any defect that is not of a substantial nature and may allow any such defect to be remedied forthwith. The RO will not inquire into the correctness or validity of any entry in the electoral roll.