Kanwar Dilshad is a former secretary of the Election Commission of Pakistan and oversaw the 2008 general elections. We asked Mr Dilshad about the implication of Arsalan Iftikhar’s recent accusations against Pakistan Tehreek-i-Insaf leader Imran Khan and whether Iftikhar could initiate proceedings against Mr Khan under articles 62 and 63 of the Constitution.**
Q: What recourse is available to Arsalan Iftikhar in case he wants to proceed against Imran Khan under articles 62 and 63 of the Constitution?
A: Arsalan Iftikhar’s allegations against PTI chief Imran Khan carry no legal weight, i.e. he cannot file a reference against Mr Khan on this basis and even if he does, it will be rejected by any court because the law does not allow him to take that action.
The only thing Mr Iftikhar could have done was to submit a complaint against Mr Khan before the elections were held because at that time, every Pakistani has a right to submit challenges to any individual’s candidature.
Being a common citizen, Arsalan Iftikhar does not enjoy the power to file a writ against Imran Khan, who is the head of a parliamentary party in the National Assembly. A citizen can only contact the Election Commission of Pakistan (ECP) or the apex court under Article 225, when the candidate’s nomination papers are submitted. However, he cannot submit an application against the incumbent after their election.
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Q: What do you think is the significance of obtaining nomination papers from the ECP, as a returned candidates nomination papers are easily accessible on the ECP website.
A: Mr Iftikhar went to the ECP to obtain a copy of Mr Khan’s nomination papers ostensibly because he wanted an attested version of the documents. But even the documents available on the ECP website will hold up in any court of law. They can be used as an authentic reference document for almost any purposes, as this is a matter of public record.
Q: Who is authorised to challenge a notified candidate’s eligibility?
A: Under Section I of Article 63, only the head of a parliamentary party can file a reference against their counterpart. That reference has to be handed over to the speaker of the National Assembly because now, only the speaker can forward a reference against the head of a parliamentary party to the ECP.
The ECP does not even have the authority to hear a reference against the head of a parliamentary party unless it is sent by the National Assembly speaker.
Published in Dawn, July 12th, 2014
