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The Nomination Forms Issue – Whats out now?

Just like the old nomination form, the new nomination form also requires a Declaration & Oath from a candidate that (S)he fulfils the qualification specified in Art 62 and is not subject to the Disqualifications of Art 63.

Let’s have a look at what is missing from the new Nomination?

1- Solemn Declaration on default of Loans & Utility Bills.

2- Solemn Declaration about the Spouse(s) & Dependants.

3- Ownership of company by spouse(s) & dependents.

Item 3 is of no material value as same is asked under Statements of Assets & Liabilities.

 

4- List of cases

5- Education qualification

6- Profession

7- NTN.

 

Item 5,6 & 7 are of no material value as they have nothing to contribute in determining the eligibility of a candidate. item 7 of no value as CNIC has been asked and that is enough.

8- Income & Agri tax History is removed from New nomination forms.

9- List of foreign trips is removed from new nomination forms.

Item 9 is of no material value to the extent of determining the eligibility of a candidate.

 

 

10. information on Contribution to constituency, funding gave or received from the party is removed from new forms. It’s of no value as to determine the eligibility of a candidate as giving donations to the party is not prohibited.

11. NOC on acquiring info from any foreign state is removed from the form.

12. NOC to nullify the nomination for election on providing incomplete and false info is also removed.

That’s all is removed from the new nomination forms. Who did it? Parliament and not the ECP. Pls blame it on who deserves it.

Some part of those removed I think is just fine but some appear to be removed for design and for a purpose. 1. Say, NTN is not important when CNIC is there. 2. Tax History is important and should be known although it doesn’t determine the eligibility.

What does a declaration under Oath means when the candidate said he is not Subject to any disqualification of art 63? Means he:

1. don’t have a Dual nationality. 63(1)(c)

2. don’t hold any office of profit. 63(1)(d)

3. don’t have a conviction and 5 years of waiting. 63(1)(g)

4. don’t have a conviction on moral turpitude and/or waiting for the 2 years from such conviction. 63(1)(h)

5. don’t have a loan default over 2 million. 63(1)(n)

6. don’t have govt utility default. 63(1)(o)

and some other such declarations.

Some of the info taken out from the form is actually indirectly covered in the declaration. but that’s the theoretical part. Do u think a person who is willing to cheat the system, will provide such info voluntarily that may disqualify him? I doubt. He will simply withold them.

but ECP has full authority to verify and scrutinise the candidate on these terms.. so instead of asking a candidate, they go the other way, as did in 2013, they ask the respective authorities like FBR/NAB/SBP etc on key info to come from.

ECP most likely is doing same again as they had met with all stakeholders to provide such info. What bothers me is not that ECP should not ask more info…ECP can ask & should ask as much info ss it needs to scrutinise… but its how can ECP amend an Act of Parliament?

Instead of asking candidates, where they may again conceal the things, ECP probably is asking from the institutes. Iqama holders will continue to hide the iqama. Those who plan to cheat the system will do it all…asking this in the form is not as its making it difficult

Finally, again, My main concern is can a court, allow a constitutional body or a Department to amend an Act of the parliament? If a Court declares an Act of parliament against the constitution, can a department then provide the substitute? These are my 2 Qs.
Thanks to my friend Ammar Rohani for asking to share my findings on this matter. This post is here because of him. I hope its helpful for you all.
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Yasir Cheema

Yasir Cheema is a Civil Engineer by training and currently working as Resident Engineer for Surbana Jurong Pte. Ltd. in Singapore. He writes at this portal about Governance, Public policy, Institutional development, Construction practices, and procedures.

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