Pakistan Election Commission's acceptance of Nawaz Sharif's nomination papers challenged

Jan 01, 2024

Islamabad [Pakistan], January 1 : The acceptance of Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif's nomination papers from Lahore's constituency NA-130 for the upcoming general elections has been challenged on Monday, Pakistan-based Dawn reported.
Nawaz Sharif's nomination papers have been challenged a week after the Election Commission of Pakistan (ECP) gave its approval to the candidature of Pakistan's former PM.
Advocate Ishtiaq Ahmed Samsialvi, who also goes by Ishtiaq Chaudhry, the chief organiser of Pakistan Awami Mahaz's (PAM) lawyers' wing, filed an appeal in Lahore High Court's appellate tribunal under Section 63 (appeal against scrutiny order) of the Elections Act 2017, according to Dawn report.
Chaudhry, who is a candidate for NA-130, has challenged the rejection of his nomination papers as well. The constituency's returning officer (RO), the electoral watchdog and Nawaz Sharif have been made respondents in the case.
In his petition, the PAM leader requested the tribunal reject the acceptance of Nawaz Sharif's nomination papers and term them "illegal and unlawful."
He emphasised that the papers be rejected due to his 2017 disqualification in the Panama Papers case, which the Supreme Court ruled was for life. In his appeal, he urged the tribunal to allow him to contest polls scheduled to be held in February, Dawn reported.
The Supreme Court advocate asked whether the Supreme Court's judgement was "not binding upon all the institutions," including the ECP. He also asked whether he could be "restricted from contesting elections in the absence of any adverse order passed" by the RO.
Chaudhry said that he filed his nomination papers on December 23 and added that the RO accepted them "without any objection" after scrutiny. According to him, he was told that his name would be mentioned in the list of eligible candidates issued on December 30.
Ishtiaq Chaudhry said that RO refused to give copies of Nawaz Sharif's nomination papers when he had asked for it as he wanted to file objections against it, Dawn reported.
He stressed that his name has not been included in the list and stressed that the action was taken "illegally and unlawfully in the absence of any order" and that the former prime minister's lifetime disqualification "still holds the field" under Article 62 (1)(f) (qualifications for membership of parliament) of the Constitution.
He argued that "no rule or law can override the judgement of the Supreme Court, which is the final arbitrator to decide all matters in all respects." He further said that RO had "no justification" to accept the nomination papers of Nawaz Sharif and that he was "liable to be proceeded under Article 204" (contempt of court) of the Constitution. The appeal is scheduled to be heard on Tuesday.
Notably, appeals against the acceptance or rejection of nomination papers for the elections can be submitted by January 3 and decisions on these appeals will be made by January 10, Dawn reported, citing Radio Pakistan. The preliminary list of candidates will be displaced on January 11 and candidates can withdraw their nomination papers by the next day.