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Well done, Fakhru Bhai and colleagues!
Well done, Fakhru Bhai and the ECP members! Finally, the Election Commission of Pakistan (ECP) has asserted itself and strictly acted in accordance with the Constitution in a situation wherein not only the government was creating hurdles in approval of changes in nomination forms but all the opposition political forces, including PML-N and PTI, were also supporting the government by keeping mum.
The Constitution terms the Election Commission as a completely independent body and binds all executive authorities of the federation and all provinces to assist the commission. When the ECP suggested different amendments in the nomination forms in consonance with the provisions of the Constitution and the relevant sections of Representation of People Act, 1976 (RPA), all political parties got together and formed an unholy alliance against the commission to save fake degree-holders, tax evaders, non-filers of tax returns, loan defaulters, cheaters and fraudsters in their ranks. Keeping aside what the ruling PPP was doing to block these changes in nomination forms, the PML-N chief Nawaz Sharif and other leaders of his party kept a mysterious silence on the governments moves to stop legal and constitutional amendments in the crucially-important nomination forms which in fact is the basic document for scrutiny candidates. If there is no information in the nomination forms, no scrutiny can be done. Even Pakistan Tehreek-e-Insaaf (PTI) issued a weak statement on the issue and mostly avoided to condemn the government for blocking the ECPs efforts to bring about reforms.
The government completely misused its authority and unlawfully and unconstitutionally delayed approval of ECPs proposed amendments in the nomination forms for three weeks and only forwarded the same to the president on March 11 when the ECP decided to order printing of the amended forms. In fact, even under the concerned law, the government has no role or authority to suggest amendments in the ECPs proposed amendments and the president has to simply approve it. He has no powers to change/alter an amendment suggested by the ECP under any law and the ECP is fully empowered to take any decision in this regard. It is also commendable that the ECP gave respect to the office of the president by seeking his ceremonial approval, which in fact was a mere formality but certain vested interests in the present government and in opposition parties have ridiculed the office of head of state by not forwarding the ECPs proposed draft of amendments in the nomination forms.
After a clear stance taken by the ECP members that if the proposed amendments in the nomination papers and proposed electoral reforms are not approved in time, there would be no guarantee for holding of free, fair, just and transparent elections. If the ECP had not taken the historic Mondays decision, no one in Pakistan would have ever believed the authenticity and credibility of the upcoming general elections.
However, the ECP is yet to devise a strategy to stop the way of those politicians who have cheated the whole system by submitting fake degrees in the 2008 elections. For this, as a first step, the ECP will have to verify the degrees of all contestants of 2008 elections, an exercise which the HEC is ready to do within a few days. In the second phase, the ECP will have to formulate a strategy to oust these members from contesting elections under relevant articles of the Constitution, sections of the RPA and Supreme Court judgments.
The ECP will also has to devise a clear-cut strategy about those aspiring candidates who have not filed their tax returns in the last few years, which is mandatory under the law. It will also have to decide how it will declare ineligible those candidates who will be declared tax evaders by the FBR or loan defaulters by the State Bank of Pakistan (SBP).
The ECP, its chief Fakharuddin G Ebrahim, and all the four members, Justice (retd) Shahzad Akbar Khan, Justice (retd) Riaz Kiyani, Justice (retd) Fazal-ur-Rehman and Justice (retd) Muhammad Roshan Essani should be appreciated for their legal and constitutional decision. It is apparent that if the ECP continues to act strictly in accordance with the law and the Constitution, the whole nation will support it.
Well done, Fakhru Bhai and colleagues! - thenews.com.pk!
ECP orders printing of amended nomination forms
The Election Commission of Pakistan (ECP) on Monday sent its own amended nomination forms for printing, as the president could not take a decision on the matter after the Ministry of Law had raised several objections to the proposed changes.
The forms, bearing signatures of Chief Election Commissioner (CEC) Justice (retd) Fakhruddin G Ebrahim and the three Election Commission Members (ECMs) Riaz Kayani (Punjab), Shahzad Akbar Khan (Khyber Pakhtunkhwa) and Fazlur Rehman (Balochistan), were sent for printing.
The signatures of ECM Sindh Roshan Essani were missing from the document. Ostensibly, Essani was opposed to the sweeping changes in the forms. However, this could not be confirmed why he did not affix his signatures on the document.
According to a press release by the ECP, the Election Commission had sent its nomination form (the proposed Nomination Form) to the president for approval under Section 107 of ROPA on February 2. After that, the ECP did not get any response until the meeting with Law Minister Farooq H Naek on Thursday, March 7, during which he said that he had a number of objections to 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 commission. The Law Ministry sent its objections in writing on Friday last. A reply was immediately sent on behalf of the ECP on the same day in which it was stated that the ECP did not agree with the objections of the ministry and requested it to send the proposed nomination form to the president for approval by Monday, March 11. The printing of the nomination forms had to start from Monday, therefore, the ECP could not wait for presidents approval and sent the nomination forms for printing.
The ECP took the decision on legal basis i.e. (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 Honble Supreme Court of Pakistan has stated in the Workers Party that the ECP is empowered and independent to do all that is necessary to fulfill its Constitutional mandate and instruct that it do so.
It was learnt that Law Minister Farooq H Naek had told the Election Commission in their recent meeting that the old forms with one or two changes should be printed for the general election, saying the proposed changes would be useless.
When approached on phone, Justice (retd) Riaz Kayani told The News that the CEC telephoned them at the Election Commission Secretariat on Monday morning to reiterate that Article 218(3) empowered (mandated) the electoral body to take every possible measure to make the elections free, fair and transparent, and free of corrupt practices.
The veteran jurist noted that the approval of the president was just a formality under the Representation of the People Act 1976, whereas the Constitution fully authorised the ECP to hold elections and take steps for making them free of malpractices and the candidates must fulfil the conditions enunciated in Articles 62 and 63 of the Constitution. To achieve this, the ECP had furnished new nomination forms besides evolving a mechanism to verify and scrutinise the details to be given by the candidates in the nomination forms.
The CEC said the nomination form, in its new outlook, was a key to keeping the corrupt elements at bay. The chief election commissioner is determined not to let the tax evaders, defaulters, those who got their loans written off and were indicted, to take part in elections, Kayani maintained.
The Punjab ECM said the CEC called to order printing of the forms by the evening if three members also supported the idea and then ECMs Punjab, Khyber Pakhtunkhwa and Balochistan signed the document along with the chief election commissioner and sent them for printing.
It is interesting to note that earlier in the day, ECP Additional Secretary Muhammad Afzal Khan said that heavens would not fall if they waited for another 24 hours for the presidential nod on the papers. He had also noted that they were hopeful for a positive response from the president by the evening.
ECP orders printing of amended nomination forms - thenews.com.pk
this is one very good step taken by ECP. if its enforced in full swing, most of these scum faced politicians would be sitting in their homes for the rest of their pathetic lives !!
Well done, Fakhru Bhai and the ECP members! Finally, the Election Commission of Pakistan (ECP) has asserted itself and strictly acted in accordance with the Constitution in a situation wherein not only the government was creating hurdles in approval of changes in nomination forms but all the opposition political forces, including PML-N and PTI, were also supporting the government by keeping mum.
The Constitution terms the Election Commission as a completely independent body and binds all executive authorities of the federation and all provinces to assist the commission. When the ECP suggested different amendments in the nomination forms in consonance with the provisions of the Constitution and the relevant sections of Representation of People Act, 1976 (RPA), all political parties got together and formed an unholy alliance against the commission to save fake degree-holders, tax evaders, non-filers of tax returns, loan defaulters, cheaters and fraudsters in their ranks. Keeping aside what the ruling PPP was doing to block these changes in nomination forms, the PML-N chief Nawaz Sharif and other leaders of his party kept a mysterious silence on the governments moves to stop legal and constitutional amendments in the crucially-important nomination forms which in fact is the basic document for scrutiny candidates. If there is no information in the nomination forms, no scrutiny can be done. Even Pakistan Tehreek-e-Insaaf (PTI) issued a weak statement on the issue and mostly avoided to condemn the government for blocking the ECPs efforts to bring about reforms.
The government completely misused its authority and unlawfully and unconstitutionally delayed approval of ECPs proposed amendments in the nomination forms for three weeks and only forwarded the same to the president on March 11 when the ECP decided to order printing of the amended forms. In fact, even under the concerned law, the government has no role or authority to suggest amendments in the ECPs proposed amendments and the president has to simply approve it. He has no powers to change/alter an amendment suggested by the ECP under any law and the ECP is fully empowered to take any decision in this regard. It is also commendable that the ECP gave respect to the office of the president by seeking his ceremonial approval, which in fact was a mere formality but certain vested interests in the present government and in opposition parties have ridiculed the office of head of state by not forwarding the ECPs proposed draft of amendments in the nomination forms.
After a clear stance taken by the ECP members that if the proposed amendments in the nomination papers and proposed electoral reforms are not approved in time, there would be no guarantee for holding of free, fair, just and transparent elections. If the ECP had not taken the historic Mondays decision, no one in Pakistan would have ever believed the authenticity and credibility of the upcoming general elections.
However, the ECP is yet to devise a strategy to stop the way of those politicians who have cheated the whole system by submitting fake degrees in the 2008 elections. For this, as a first step, the ECP will have to verify the degrees of all contestants of 2008 elections, an exercise which the HEC is ready to do within a few days. In the second phase, the ECP will have to formulate a strategy to oust these members from contesting elections under relevant articles of the Constitution, sections of the RPA and Supreme Court judgments.
The ECP will also has to devise a clear-cut strategy about those aspiring candidates who have not filed their tax returns in the last few years, which is mandatory under the law. It will also have to decide how it will declare ineligible those candidates who will be declared tax evaders by the FBR or loan defaulters by the State Bank of Pakistan (SBP).
The ECP, its chief Fakharuddin G Ebrahim, and all the four members, Justice (retd) Shahzad Akbar Khan, Justice (retd) Riaz Kiyani, Justice (retd) Fazal-ur-Rehman and Justice (retd) Muhammad Roshan Essani should be appreciated for their legal and constitutional decision. It is apparent that if the ECP continues to act strictly in accordance with the law and the Constitution, the whole nation will support it.
Well done, Fakhru Bhai and colleagues! - thenews.com.pk!
ECP orders printing of amended nomination forms
The Election Commission of Pakistan (ECP) on Monday sent its own amended nomination forms for printing, as the president could not take a decision on the matter after the Ministry of Law had raised several objections to the proposed changes.
The forms, bearing signatures of Chief Election Commissioner (CEC) Justice (retd) Fakhruddin G Ebrahim and the three Election Commission Members (ECMs) Riaz Kayani (Punjab), Shahzad Akbar Khan (Khyber Pakhtunkhwa) and Fazlur Rehman (Balochistan), were sent for printing.
The signatures of ECM Sindh Roshan Essani were missing from the document. Ostensibly, Essani was opposed to the sweeping changes in the forms. However, this could not be confirmed why he did not affix his signatures on the document.
According to a press release by the ECP, the Election Commission had sent its nomination form (the proposed Nomination Form) to the president for approval under Section 107 of ROPA on February 2. After that, the ECP did not get any response until the meeting with Law Minister Farooq H Naek on Thursday, March 7, during which he said that he had a number of objections to 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 commission. The Law Ministry sent its objections in writing on Friday last. A reply was immediately sent on behalf of the ECP on the same day in which it was stated that the ECP did not agree with the objections of the ministry and requested it to send the proposed nomination form to the president for approval by Monday, March 11. The printing of the nomination forms had to start from Monday, therefore, the ECP could not wait for presidents approval and sent the nomination forms for printing.
The ECP took the decision on legal basis i.e. (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 Honble Supreme Court of Pakistan has stated in the Workers Party that the ECP is empowered and independent to do all that is necessary to fulfill its Constitutional mandate and instruct that it do so.
It was learnt that Law Minister Farooq H Naek had told the Election Commission in their recent meeting that the old forms with one or two changes should be printed for the general election, saying the proposed changes would be useless.
When approached on phone, Justice (retd) Riaz Kayani told The News that the CEC telephoned them at the Election Commission Secretariat on Monday morning to reiterate that Article 218(3) empowered (mandated) the electoral body to take every possible measure to make the elections free, fair and transparent, and free of corrupt practices.
The veteran jurist noted that the approval of the president was just a formality under the Representation of the People Act 1976, whereas the Constitution fully authorised the ECP to hold elections and take steps for making them free of malpractices and the candidates must fulfil the conditions enunciated in Articles 62 and 63 of the Constitution. To achieve this, the ECP had furnished new nomination forms besides evolving a mechanism to verify and scrutinise the details to be given by the candidates in the nomination forms.
The CEC said the nomination form, in its new outlook, was a key to keeping the corrupt elements at bay. The chief election commissioner is determined not to let the tax evaders, defaulters, those who got their loans written off and were indicted, to take part in elections, Kayani maintained.
The Punjab ECM said the CEC called to order printing of the forms by the evening if three members also supported the idea and then ECMs Punjab, Khyber Pakhtunkhwa and Balochistan signed the document along with the chief election commissioner and sent them for printing.
It is interesting to note that earlier in the day, ECP Additional Secretary Muhammad Afzal Khan said that heavens would not fall if they waited for another 24 hours for the presidential nod on the papers. He had also noted that they were hopeful for a positive response from the president by the evening.
ECP orders printing of amended nomination forms - thenews.com.pk
this is one very good step taken by ECP. if its enforced in full swing, most of these scum faced politicians would be sitting in their homes for the rest of their pathetic lives !!
