Submission of affidavit mandatory along with electoral nomination papers: SC

ISLAMABAD: The Supreme Court of Pakistan (SC) on Wednesday declared mandatory the submission of an affidavit along with electoral nomination papers. 

The Lahore High Court (LHC), on June 1, had ruled that nomination forms of the electoral candidates did not seek necessary information and declarations such as details on educational background, any criminal record and dual citizenship. The court had ordered the Election Commission of Pakistan (ECP) to again add the requirements of Articles 62 and 63 of the Constitution to the nomination papers. 

The Supreme Court, however, on June 3 had suspended LHC's verdict that nullified nomination forms of electoral candidates for the upcoming general elections.

A five-member bench, headed by the Chief Justice of Pakistan Mian Saqib Nisar, was hearing the petition filed by National Assembly Speaker Ayaz Sadiq.

All candidates will have to submit the affidavit, the court ruled.

"All candidates of the National and Provincial Assemblies shall file the said affidavit along with their Nomination Papers. Such candidates who have already filed their Nomination Papers, shall file the said Affidavit with the Returning Officers by or before 11th June, 2018. The Secretary, ECP, has assured us that the aforesaid process will not in any manner upset the schedule of Elections so as to delay of holding of the General Elections on 25.7.2018, as already announced," read a written court order issued later.

"It is clarified that failure to file such Affidavit before the Returning Officer would render the Nomination Papers incomplete and liable to rejection. If the Affidavit or any part thereof is found false then it shall have consequences, as contemplated by the Constitution and the law. Since the Affidavit is required to be filed in pursuance of the orders of this Court, therefore, if any false statement is made therein, it would also entail such penalty as is of filing a false affidavit before this Court."

The court further said in its order: "The draft of the aforesaid Affidavit will immediately be put up by the Election Commission of Pakistan on its official website and communicated to all the Returning Officers. Such draft Affidavit would also be publicized by the Election Commission of Pakistan in all the leading newspapers and the public will be informed through the Electronic Media in this behalf."

During the hearing, Justice Azmat Saeed remarked that the federal government had delayed the matter in the high court for seven months. He said that the apex court had announced the verdict on the case in 2011. 

"Why are you embarrassed in providing information to the public?" Chief Justice Nisar remarked. "Why is the speaker [Sadiq] hesitant about representatives of the public disclosing their information. Is there some information that Ayaz Sadiq wants to conceal?" 

The petitioner's lawyer then responded that Sadiq did not want to keep any information, to which Justice Nisar replied, "What is the fuss all about then?"  

The chief justice remarked that the Lahore High Court's verdict could be upheld. "We want to see which information is it that the NA Speaker is unwilling to disclose," he said. 

"Is it in the NA Speaker's jurisdiction to challenge the verdict of a court?" the chief justice observed. He noted that according to the Article 218 of the Constitution of Pakistan, conducting the elections was the responsibility of ECP. "Any issue pertaining to the electoral nomination papers is also covered by Article 218." 

"Why are the powers of ECP being reduced," Chief Justice Nisar said, adding that the apex court will uphold the LHC's decision.

The larger bench then ordered ECP to submit the content of the affidavit to the Supreme Court within an hour's time.

SC accepts ECP's draft of affidavit

Later on Wednesday, the Election Commission of Pakistan (ECP) said the Supreme Court had accepted its draft of the affidavit.

Candidates contesting for national and provincial assembly seats will submit the affidavit with their nomination papers, the ECP said, adding that all returning officers had been issued directives in this regard.

The election commission further said that all candidates were required to submit the affidavit by June 11, and in case a candidate failed to submit it, the nomination papers would be considered rejected.

The ECP also said that the affidavit was made available on its website to facilitate the candidates.

Beginning from June 4, the ECP has continued to receive the nomination papers, in compliance with the approved format in the Election Act 2017. However, along with the nomination papers, each candidate also has to submit an affidavit for Article 62 and 63.

On Saturday, National Assembly Speaker Ayaz Sadiq had announced his decision to challenge LHC's verdict. He had maintained the stance that all the parties in the parliament had approved the Elections Act 2017 and any changes to the nomination forms could delay the elections.