YouTube
The Free and Fair Election Network (FAFEN), a civil society body, on Monday urged the Election Commission of Pakistan (ECP) to publish on its website all decisions of returning officers (ROs) regarding their rejections of candidates’ nomination papers to strengthen electoral transparency.
In a statement issued after the conclusion of the scrutiny process for the upcoming general elections, the organization cited Section 62(11) of the Elections Act, 2017, which requires ROs to justify their decisions on nominations by recording brief reasons for them. Acknowledging that the legislation does not require the publication of such observations, it said Section 4(3) empowers the ECP to undertake any measures necessary to fulfill its constitutional mandate of conducting elections honestly, justly, fairly, and in accordance with the law, while safeguarding against corrupt practices.
“The [ECP] may invoke this authority to upload such decisions on its website, which will also help quell any disinformation and misinformation on the matter,” it added.
Referring to the latest round of scrutiny, FAFEN said ROs had rejected nomination papers of around 12.4 percent of candidates for the upcoming general elections, slightly higher than the 10.4 percent in 2018, and lower than the 14.6 percent rejected in 2013. According to data issued by the ECP, of 25,951 submitted nomination papers, ROs rejected 3,240.
FAFEN stressed that by sharing the ROs’ decisions, the ECP would empower citizens to comprehend their reasons, and encourage informed opinions about the electoral process. “This measure will not only reinforce the transparency of the electoral process, but also serve as a safeguard to its credibility against the proliferation of misinformation and disinformation that often stems from incomplete information,” it added.
Further, the organization said, Section 62(9) of the Elections Act, 2017 empowered ROs to reject nomination papers for defects in a candidate’s qualifications; defects in qualifications of proposer or seconder; material deficiencies or falsehood in declarations and documents required to be submitted with nomination papers; or fake signatures of the proposer or seconder. However, it added, ROs cannot reject nomination papers for defects that are not of a substantial nature, which can be remedied forthwith, including an error in regard to the name, serial number in the electoral roll or other particulars of the candidate or their proposers or seconders.
“The ECP needs to look into whether these provisions have strictly been complied with. In case of non-compliance, the ECP may use its powers under Section 55 to proceed against the officials concerned. Moreover, the ECP may also review an order passed by an officer under the Act or the Rules, as provided in Section 8(e) of the Elections Act,” it added.
Following the scrutiny process, aspiring candidates can challenge the rejection or acceptance of any nominations before appellate tribunals, with the process for filing appeals to span Jan. 1-3. The schedule issued by the ECP calls for resolution of these appeals by no later than Jan. 11, after which it would publish a preliminary list of candidates for the upcoming polls.