President National Party Wahdat Ayub Malik on Monday urged the Supreme Court to declare recently amended election law void. Challenging Sections 202(2), 61 (1)&(4), and 132(3)(b)&(c) of the Elections Act, 2017 under Article 184 (3) of the Constitution, Malik made Federation of Pakistan through secretary Ministry of Law, Justice and Human Rights, and Election Commission of Pakistan through chief election commissioner as respondents.
Counsel for the petitioner, Advocate Kamran Raheel Sheikh urged the apex court to bar the chief election commissioner from proposing any amendment in the code of conduct for political parties and contesting candidates pursuant to the provisions of Sections 202(2), 61(1) & (4) and 132(3)(b)&(c) of the Elections Act, 2017 which the petitioner claimed are void and of no legal effect.
Sheikh also requested the court to issue directives to chief election commissioner to refrain from enforcing the said provisions of the Elections Act, 2017 and accordingly amending the code of conduct for political parties and contesting candidates pursuant to the aforementioned provisions of the Elections Act, 2017.
The section 61 of the Election Act has amended section 13 of Representation of Peoples Act (ROPA), 1976 after which the returning officer shall not accept a nomination paper unless Rs 30,000 for seat of National Assembly and Rs 20,000 for the provincial assembly are deposited by the candidate. Under Section 13 of the ROPA, the fee for the candidate of National Assembly was Rs 4,000 and Rs 2,000 was the fee for a seat of provincial assembly.
Kamran Raheel Sheikh submitted that the after the amendment, participation in election would not be in the reach of a common citizens, adding that fundamental right conferred by Article 17 of Constitution is not only to form and be member of a political party but it also ensures the right to participate in the election.
Sheikh further said that the laws related to regulating elections should provide full and effective participation of all citizens in the political process and to have an equal voice in the elections.
Sheikh pointed out that the Section 61(4) of the Elections Act, 2017 has increased the number of votes required in order to prevent forfeiture of the security deposit from one-eighth of the total number of votes cast at the election, as stipulated under Section 43 of the ROPA, 1976, to one-fourth of the total votes.