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Candidates not bound to appear before ROs for nomination papers scrutiny: ex-ECP secretary

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  • Election Act says candidate not required to be present.
  • ECP amended Election Order 2002 in 2007, says Dilshad. 
  • Scrutiny of nomination papers will last till December 30.

ISLAMABAD: Former Election Commission of Pakistan (ECP) secretary Kanwar Muhammad Dilshad has said that a candidate does not need to appear before the returning officer while filing nomination papers or during scrutiny, The News reported Wednesday. 

Dilshad’s statement came after it was reported that the nomination papers of such candidates who are in hiding or declared proclaimed offenders are at risk of being rejected if they do not turn up before their relevant ROs upon summoning. 

According to Section 62 of the Election Act, 2017, the candidate is not required to be present at the time of scrutiny of nomination papers.

The former ECP secretary said that an election order was issued by former President General (retd) Pervez Musharraf in 2002, under which the candidate was required to be present while filing nomination papers.

Dilshad said the election order was malicious and aimed at targeting former prime ministers Benazir Bhutto and Nawaz Sharif so that they could not appear before the returning officer. 

He said that in 2007, the ECP amended the Election Order 2002, after which Bhutto and Sharif did not need to submit their nomination papers and appear in person at the time of scrutiny.

“At the time of scrutiny of nomination papers, the candidate’s election agent, proposer and a voter who has registered an objection under sub-section (1) shall be present. The returning officer shall give him reasonable opportunity of scrutinising all nomination papers. Nowhere in this section is mentioned that the candidate must be present before the returning officer at the time of submission of nomination papers or scrutiny,” he added.

He said it was a very important legal point that every candidate needed to understand. He maintained that 32,000 nomination papers had been filed, which was a record. “With this, the talk of snatching nomination papers of some candidates became ineffective,” he claimed.

The scrutiny will last till Saturday (December 30). As per the ECP, appeals against acceptance or rejection of nomination papers can be filed by January 3, 2024, which will be decided by January 10, 2024.

The Election Commission will publish the revised list of candidates on January 11, 2024, while candidates can withdraw their papers by January 12, 2024.

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PTI suggests resuming talks with government over judicial commission issue.

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Barrister Gohar, Chairman of the PTI, has claimed that the party’s founder has suspended negotiations, emphasizing that the government should declare the commission within seven days.

He emphasized the PTI’s openness to rethink if the government makes headway and establishes the commission.

Barrister Gohar told the reporters, “Seven days were enough to announce the commission.” We are ready to reconsider, but the government must first announce the commission.”

He stated that the PTI approached the negotiations with an open mind. “The PTI founder has halted the negotiations. “The government had eight laws on their agenda, while we only had two demands,” he stated.

The PTI chairman went on to say that even after seven days, no progress had been made in forming the commission. He encouraged the government to reconsider the decision and proceed with the announcement.

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PTI will declare February 8 to be “Black Day,” sparking protests across the country.

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According to reports, the Pakistan Tehreek-e-Insaf (PTI) intends to hold rallies nationwide on Wednesday in support of its decision to declare February 8, the one-year anniversary of the general elections, a black day.

According to media sources, PTI founder Imran Khan has instructed all party lawmakers—including MPAs and MNAs—to plan and take part in demonstrations in their local communities on February 8 in order to draw attention to their complaints and issues.

In a recent meeting with legal advisors on Wednesday, Imran Khan expressed dissatisfaction with the performance of the party’s Information Secretary Sheikh Waqas Akram. The meeting emphasized the importance of party discipline and gave stern directives to abstain from any criticism of Maulana Fazlur Rehman, the head of the JUI-F.

It has also been suggested that the PTI engage opposition leaders in the demonstrations in order to win their support.

Party insiders revealed that the founder has urged leaders to ensure effective coordination and mobilised efforts in preparation for February 8.

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In 13 cases involving the D-Chowk demonstration, Bushra Bibi granted temporary release until February 7.

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Bushra Bibi, the wife of the PTI chairman, was granted temporary release by the Islamabad Anti-Terrorism Court (ATC) in 13 counts pertaining to the November 26 D-Chowk protest. Judge Tahir Abbas Supra ordered the police to produce all pertinent documentation by February 7 and granted bail against surety bonds of Rs. 5,000 apiece.

Additionally, Bushra Bibi was given temporary release until February 7 in the Rangers’ accident case. During the hearing, Judge Tahir Abbas Supra expressed disappointment over the behavior of the defense counsel on two occasions. Addressing the lawyers, he remarked, “You demand VIP protocol everywhere, but this is not possible. Prepare your files properly before coming to court.”

Three cases at the Secretariat Police Station, two each at the Margalla, Karachi Company, and Ramna Police Stations, and one each at the Tarnol, Kohsar, Aabpara, and Khanna Police Stations are among the numerous charges against Bushra Bibi.

In addition, the judge chastised the defense team for requesting that Bushra Bibi sign and thumbprint blank documents. He said, “The accused must sign and thumbprint the court orders, not blank sheets.”

Bushra Bibi also went to the Islamabad High Court to have her biometrics verified in relation to her appeal to be exonerated in the Toshakhana-II case. On Monday, Bushra Bibi and the PTI chairman submitted their acquittal petitions. After finishing the biometric procedure, she departed right away.

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