Islamabad High Court on Friday issued notices to Election Commission of Pakistan (ECP), Secretary Law and Secretary Parliamentary Affairs in response to a plea of President Awami Muslim League Sheikh Rasheed Ahmad seeking govt's response for elimination of some clauses from nomination form for Senate elections. A single-member bench of Justice Aamer Farooq issued the notices after hearing the matter and also issued directives to Attorney General to appear before the court on the next hearing in the matter.
Sheikh Rasheed filed the plea through Barrister Sajeel Sheryar Swati while making Secretary Law and Justice, Secretary Parliamentary Affairs and Chief Election Commissioner (CEC) as respondents. The petitioner sought court's directives to rescue Pakistani voters and the democratic system of the country vis-a-vis the enforcement of fundamental rights guaranteed under Articles 19 and 19-A of the Constitution for the protection of the voters' freedom of expression and right to information when it comes to parliamentary candidates.
He submitted that the nomination forms created under the Election Act, 2017 for candidates have omitted or modified numerous declarations and entries that had been present in the previous nomination forms to be filled and signed by the candidates prior elections. "The modification of entries in the nominations forms relating to declaration of financial disclosure run contrary to Paras (n) and (o) of sub Article (1) of Article 63 of the Constitution which disqualifies a person from membership of Parliament if the candidate, his spouse or any of his dependents is defaulter of loan or government dues," Sheikh Rasheed Ahmed said.
The AML chief's counsel contended before the bench that by removing the declaration relating to disclosure of any dual nationality or foreign passport, or recent visits to foreign countries, the candidates can now conceal any ties he may have with a foreign country. The bench was informed that fewer details have been sought from a candidate in the new form of Election Act 2017.
The petitioner prayed to declare that the right of the voter to have the detailed information regarding a contesting candidate is a fundamental right as guaranteed by Articles 19 and 19-A of the Constitution and that such right cannot be curtailed and limited by a fiat of legislature. Sheikh Rasheed Ahmed requested the court to issue directives to Secretary Parliamentary Affairs to use his/her powers under Article 218(3) of the constitution to call for the necessary information about the particulars, antecedents and details of the contesting candidates through duly sworn affidavit and declare the same to be integral part of the nomination form.
He further requested to declare the provisions of section 60(2), 110(2) and 137 of Election Act 2017 (along with the forms made under Act 2017) to be against Articles 19 and 19-A of the Constitution or alternatively, the aforesaid provisions be read in conformity with Articles 62 and 63 of the Constitution. After hearing the matter, the bench issued directives to respondents to submit replies in the matter in one week.
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