ISLAMABAD: Seven days after the Islamabad High Court (IHC) had settled a matter pertaining to nomination forms of candidates contesting the upcoming general elections, the Lahore High Court (LHC) passed a different order on a similar petition.

Through a short order issued on May 25 — the detailed version of which was released on Saturday — Justice Athar Minallah disposed of similar petitions, filed by Sheikh Rashid Ahmed and others, seeking amendments to the nomination form for candidates, with the observation that the Election Commission of Pakistan (ECP) is the independent constitutional forum which is supposed to address such matters. In the verdict, Justice Minallah left the matter to the discretion of the ECP and mainstream political parties and asked for “transparent and meaningful” decisions.

Interestingly, Advocate Saad Rasool, who had represented a petitioner in the matter before the IHC, had also pursued the case in the LHC on a similar petition filed by journalist Habib Akram and others.

Court’s short order came seven days before LHC passed a different order on similar pleas

In the verdict, LHC Justice Ayesha A. Malik ordered the ECP to ensure that all mandatory information and declarations were a part of the revised Form A, the nomination form for election to an assembly or the Senate, and Form B, the statement of assets and liabilities.

According to legal expert Senator Dr Farogh Nasim, the Supreme Court is the relevant forum to decide such conflicting judgements. He said that the same party cannot file a petition to another High Court after its dismissal from a High Court of a different jurisdiction.

Former National Assembly speaker Ayaz Sadiq questioned the timing of the LHC judgement passed on May 30, after the dissolution of the assemblies. He expressed apprehensions that the verdict could delay the general elections scheduled to be held on July 25.

IHC Justice Minallah’s five-page short order referred to the Supreme Court’s judgement in the Workers Party Pakistan case, in which the apex court had observed that the “ECP has a constitutional commitment and obligation to arrange and organise elections according to Article 218 (3) and that it also enjoys powers described under Article 222 of the Constitution.”

As per Article 222, the ECP is empowered to allocate seats in the National Assembly, conduct delimitation of constituencies, prepare electoral rolls, conduct elections and so on.

Justice Minallah pointed out in the short order: “It has been further held that pursuant to the commitment of the Constitution, the Election Commission, without changing the character or contents of the rules, made under a statute was also empowered to make improvement to a form which requires information relating to the antecedents of the candidates.”

The Supreme Court has explicitly held that there is no hard and fast rule in making improvements to a pro forma in the nomination papers, the judge said in the short order, adding: “The august Supreme Court has emphasised that information about a candidate is essential to be obtained because on success he or she has to represent the constituency on behalf of the constituents. The august Supreme Court has, therefore, observed and held that the Election Commission of Pakistan pursuant to its constitutional powers vested under Article 218 (3) of the Constitution is empowered to include information or improve the nomination papers required to be submitted by the candidates for the General Elections.”

“Since it is now settled law that the Election Commission is empowered to add or improve a form, prescribed under a statute or rules, therefore, a case for striking down Form-A and Form B of the Act of 2017 is not made out,” the court order read.

“It is also settled law that the utmost endeavour is to be made to save a statute enacted by the Majlis-i-Shura (Parliament),” the order noted while citing the Supreme Court’s judgement passed in the LDA versus Imrana Tiwana case. Justice Minallah observed that the ECP “is empowered to add any information to improve Form-A and Form-B, which are an integral part of the [Elections] Act of 2017”.

He, however, suggested: “The petitioners shall be at liberty to submit their proposals to the ECP regarding the information which in their opinion is essential to be added to Form A and B of the Act of 2017 for the purposes of the general elections.”

Published in Dawn, June 3rd, 2018