ISLAMABAD - Attempting to clarify an apparent confusion over the submission of nomination papers for the presidential election, the Election Commission of Pakistan (ECP) has informed the registrars of the high courts that the nomination papers would be filed before the HCs chief justices in their capacity as polling officers (POs).
The commission has made this intimation after several legislators, out of a reported misunderstanding, were found frequently visiting the provincial election commissions (PECs) as well as the ECP Secretariat in Islamabad to have their nomination papers filed. Last week, the ECP had announced that the nomination papers for the presidential election could be obtained from the ECP offices in the provinces as well as in Islamabad. This has reportedly led several elected representatives to assume that the nomination papers would be filed at the same offices they were acquired from.
According to an ECP insider, while the lawmakers were duly intimated about the appointments of the CJs HCs as POs for the presidential election and were asked to have their nomination papers submitted with the POs concerned, numerous legislators, mostly in the provinces, were still frequenting the PECs to submit their nomination papers. “This is probably because of the possible confusion, given that the nomination forms are available at the PECs and the ECP Secretariat,” the official said. “The lawmakers have been told that the submission of nomination papers in the ECP offices would hold no legality unless submitted at the prescribed offices, failing to which, the candidates in question would not be allowed to contest the presidential poll.”
In letter number F. 4(1)/2013-Cord, the ECP on Tuesday stated to the registrars HCs that the nomination papers for the presidential election will be filed “before the honourable chief justices of the high courts/ presiding officers.” The letter has been written by the Director General (Elections)/ Additional Secretary ECP Syed Sher Afgan to Sardar Ahmed Naeem, Registrar Lahore High Court, Zaheer-ur-Din Kakar, Registrar Balochistan High Court, Adbul Maalik Gaddi, Registrar Sindh High Court, Muhammad Arshad, Registrar Peshawar High Court, and Meeran Jan Kakar, Registrar Islamabad High Court. It requests the POs to “indicate on receipt that the scrutiny of nomination papers will be conducted by the honourable chief election commissioner /returning officer.” The said letter provides for asking the presidential poll contestants to attend in person the scrutiny process or through their authorised representatives along with the proposers and seconders.
Contrary to the general elections whereby the nomination papers are filed with the returning officers, only presiding officers can receive nomination papers of the presidential poll candidates that are to be scrutinised by the chief election commissioner in his capacity as the RO, in the light of Presidential Election Rules 1988.
Section 4 (1) of these rules states, “Every nomination paper shall be delivered by the candidate, his proposer or seconder or an agent authorised in this behalf in writing by the candidate, to the presiding officer, who shall assign each nomination paper a serial number and acknowledge the receipt of the nomination paper in writing specifying the date and time of its receipt.”
In addition, the decision regarding the appointment of the POs for the presidential election exclusively rests with the CEC/RO.
Section 10 of the Presidential Rules 1988 states, “Appointment of presiding and polling officers- (1) The returning officer shall appoint a presiding officer to conduct the poll with the assistance of such officers, as he may, with the approval of the returning officer, appoint.
(2) The presiding officer shall conduct the poll in accordance with these rules and be responsible for maintaining order during the poll.
(3) The returning officer may, at any time during the poll, for reasons to be recorded in writing, suspend the presiding officer or any other officer and appoint another person to be the presiding officer or, as the case may be, other officer.”
Last Tuesday, the Chief Election Commissioner Justice (Retd) Fakhruddin G Ebrahim had appointed CJs HCs as POs for the presidential election. As per the CEC decision, the CJ IHC Justice Muhammad Anwar Khan Kasi would be the PO at Senate and NA, CJ LHC Justice Umar Atta Bandial (Punjab Assembly), CJ SHC Justice Mushir Alam (Sindh Assembly), CJ PHC Justice Dost Muhammad Khan (Khyber Pakhtunkhwa Assembly) and CJ BHC Justice Qazi Faez Isa (Balochistan Assembly) for the presidential poll scheduled on August 6.