ECP orders printing of nomination form

The Election Commission of Pakistan (ECP) on Monday issued directives for printing of proposed nomination form without waiting for the approval of the President. According to an official of the Commission, the Representation of Peoples Act empowers the commission not to wait for the approval of President, which is merely a formality.
The legal basis for this is that (i) it is the mandate of the ECP to conduct free, fair and transparent elections under Article 218 of the Constitution; (ii) the approval of the President under section 107 of ROPA is merely a formality; and (iii) the Supreme Court of Pakistan has stated in the Workers' Party case that the ECP "is empowered and independent to do all that is necessary to fulfil its Constitutional mandate and instruct it go ahead."
The Commission had sent its amended nomination form to the President for approval under section 107 of ROPA on February 20, 2013. Thereafter, the Commission did not get any response until the meeting with the Federal Law Minister on March 7, 2013 during which he said that he had a number of objections on the proposed nomination form. The ECP asked the Law Minister to submit his objections in writing immediately so that the same may be considered by the ECP.
The Law Ministry sent its objections in writing on March 8. A reply was immediately sent on behalf of the ECP on the same date wherein it was stated that the ECP did not agree with the objections of the Law Ministry and requested the law Ministry to send the proposed nomination form to the President for approval latest by Monday (March 11, 2013).
"Today it is March 11, 2013 and as the printing of the nomination forms should have to begin today, therefore, the Commission cannot wait for the President's approval any longer," it was stated in a statement. Earlier, Additional Secretary ECP Afzal Khan informed the media that the Commission would strengthen the democratic institutions of the country by taking concrete steps, as it had all the rights and would strictly follow the given election schedule.