Candidates not bound to appear before ROs for nomination papers scrutiny: ex-ECP secretary

• Election Act says candidate not required to be present.
• ECP amended Election Order 2002 in 2007, says Dilshad. 
• Scrutiny of nomination papers will last till December 30.

ISLAMABAD: Former Election Commission of Pakistan (ECP) secretary Kanwar Muhammad Dilshad has said that a candidate does not need to appear before the returning officer while filing nomination papers or during scrutiny, The News reported Wednesday. 

Dilshad's statement came after it was reported that the nomination papers of such candidates who are in hiding or declared proclaimed offenders are at risk of being rejected if they do not turn up before their relevant ROs upon summoning. 

According to Section 62 of the Election Act, 2017, the candidate is not required to be present at the time of scrutiny of nomination papers.

The former ECP secretary said that an election order was issued by former President General (retd) Pervez Musharraf in 2002, under which the candidate was required to be present while filing nomination papers.

Dilshad said the election order was malicious and aimed at targeting former prime ministers Benazir Bhutto and Nawaz Sharif so that they could not appear before the returning officer. 

He said that in 2007, the ECP amended the Election Order 2002, after which Bhutto and Sharif did not need to submit their nomination papers and appear in person at the time of scrutiny.

“At the time of scrutiny of nomination papers, the candidate’s election agent, proposer and a voter who has registered an objection under sub-section (1) shall be present. The returning officer shall give him reasonable opportunity of scrutinising all nomination papers. Nowhere in this section is mentioned that the candidate must be present before the returning officer at the time of submission of nomination papers or scrutiny,” he added.

He said it was a very important legal point that every candidate needed to understand. He maintained that 32,000 nomination papers had been filed, which was a record. “With this, the talk of snatching nomination papers of some candidates became ineffective,” he claimed.

The scrutiny will last till Saturday (December 30). As per the ECP, appeals against acceptance or rejection of nomination papers can be filed by January 3, 2024, which will be decided by January 10, 2024.

The Election Commission will publish the revised list of candidates on January 11, 2024, while candidates can withdraw their papers by January 12, 2024.