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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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On Friday, PTI calls for nationwide protests.

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PTI called for a nationwide walkout on Friday (tomorrow) in opposition to the proposed constitutional amendment package, citing its founder Imran Khan’s incarceration as unfair treatment, and demanding access to the jailed leader for attorneys, PTI leaders, and supporters.

Within a meeting, the PTI’s leaders resolved to stage a nationwide protest, the party claimed in a statement released on Wednesday.

In both houses of the parliament, every effort was decided to be made to obstruct the path of modification, according to the statement.

As well as advocate Intizar Hussain Panjotha, Azam Swati, and all other jailed leaders, activists, and members of parliament—including the president of Tehreek-e-Insaf Balochistan—the party’s political committee demanded their release. Aleema and Uzma Khanum are the sisters of PTI founder Imran Khan.

The PTI requested that following Friday prayers, regional organizations stage a nonviolent demonstration at district headquarters.

It argued that the constitutional change is an unacceptable attempt by the administration to distort the Constitution.

In a statement, it was stated that Imran Khan’s release was sought and that both chambers of parliament had decided to do all within their power to obstruct the amendment.

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The National Assembly is expected to assemble on October 18 to approve proposed constitutional modifications.

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It is anticipated that the National Assembly will meet on October 18 or 19 to ratify the proposed 26th constitutional amendment.

The National Assembly Secretariat has reportedly been instructed to get ready for the important gathering, according to sources.

The Pakistan Tehreek-e-Insaf (PTI) has expressed strong opposition to the proposal, which seeks to overhaul the judiciary. The government coalition is pushing through its legislative agenda in spite of this opposition.

In the 342-member National Assembly, the constitutional modification bill needs 224 votes, or a two-thirds majority, to be approved. But with only 215 members, the ruling coalition is now not strong enough to form a majority.

111 members of the Pakistan Muslim League-Nawaz (PML-N), 70 members of the Pakistan Peoples Party (PPP), 22 members of the Muttahida Qaumi Movement (MQM), five members of the Pakistan Muslim League-Quaid (PML-Q), and smaller numbers from other affiliated parties like the National Party, the Balochistan Awami Party (BAP), and the Pakistan Muslim League-Zia make up the breakdown.

Political analysts speculate that the recent verdict by the Supreme Court on Article 63-A, which permits the votes of dissident members, may be crucial in obtaining the necessary majority given the size of the ruling coalition.

To get their support for the amendment, the administration might try to influence PTI-aligned lawmakers.

Maulana Fazlur Rehman, the head of Jamiat Ulema-e-Islam-Fazl (JUI-F), has become a crucial player in this political equation. The backing of his party may be essential to guaranteeing the bill’s passing.

Maulana Fazlur Rehman announced yesterday that the constitutional amendment draft has been agreed upon. In an effort to strengthen his party’s position, he is scheduled to meet with PML-N leader Nawaz Sharif tomorrow and PPP Chairman Bilawal Bhutto Zardari today.

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C’MAN PPP Addresses Ceremony In Karachi: Following The Impact Of Climate Change, The Agriculture Sector Needs To Be Regulated

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Amid the consequences of climate change, the agriculture industry need regulation, according to Pakistan Peoples Party Chairman Bilawal Bhutto Zardari.

According to Bilawal Bhutto, agriculture is the backbone of the nation, as she stated during a ceremony in Karachi.

He claimed that during his first tenure in office, President Asif Ali Zardari moved historic measures to ensure the prosperity of farmers in the nation and supported small-scale farming.

According to Bilawal, the rights of the nation’s farmers and laborers have always been upheld by Shaheed Benazir Bhutto.

He emphasized that the Pakistan People’s Party has consistently supported the rights of the poor and that Shaheed Benazir Bhutto made courageous choices to defend the rights of farmers.

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