ISLAMABAD: The Election Commission of Pakistan (ECP) has issued instructions to all returning officers (ROs) appointed for the local government polls in Punjab and Sindh to refrain from asking candidates ‘irrelevant’ and ‘intrusive’ questions during scrutiny of their nomination papers.

The instructions issued on Thursday were in line with a Lahore High Court (LHC) ruling from April 2013, prior to the general election, after reports surfaced that ROs were testing prospective candidates on their Islamic knowledge and ridiculing them during the examination process.

Following the scandal, the LHC stated that asking irrelevant questions tarnished the image of the judiciary.

ECP wants strict adherence to LHC’s order of 2013 in nomination process for local govt elections

The ECP has ordered strict adherence to the judgement, and has applied it to Sindh as well. The commission reproduced the LHC order in its letters to ROs through provincial election commissioners.

The order passed by the LHC stated: “All the District & Sessions Judges/District Returning Officers/Returning Officers are directed to immediately refrain from asking random, intrusive and inquisitive questions that have no nexus with the information supplied in the nomination paper or do not arise from the objections raised by the other side or from the information collected or received by the RO from the authorized agencies like NAB, SBP, FBR and NADRA as per the direction issued by the ECP on March 31, 2013 titled ‘Scrutiny of nomination papers by the Returning Officers.”

The declaration of the candidate on oath submitted along with the nomination paper shall only be questioned by the RO if there is tangible and credible material to the contrary on the record in the shape of nomination paper or objections by the other side or information procured by the RO through the authorized agencies”.

The ECP stated that the scrutiny process would be carried out in accordance with the law and the aforementioned instructions.

Under the law, the scrutiny of nomination papers is to be open to candidates, their election agents, proposers and seconders, and individuals who have made objections against the nomination papers, and any voter of the constituency with the permission of the RO, prior to the commencement of the scrutiny. The RO must give all those present reasonable opportunity to examine all nomination papers delivered to him.

In addition, the RO shall, in the presence of those attending the scrutiny, examine the nomination papers and adjudicate on any objections raised against a nomination.

The RO may, either on his own accord or on an objection, conduct a summary inquiry as he thinks fit and reject a nomination paper if he is satisfied that the candidate is not qualified to be elected as a member, a chairperson, a vice chairperson, a major, or a deputy major. Neither the proposer nor the seconder are qualified to subscribe to the nomination paper.

Published in Dawn, August 28th, 2015

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