ECP decides printing of nomination forms sans President's approval
12 March, 2013
ISLAMABAD: The Election Commission of Pakistan (ECP) has decided to order printing of the new nomination papers proposed by it, a member of the commission Justice (Retd) Kayani said on Monday.
According to the ECP member, the proposed draft was sent to the president only to fulfill the formality, however, he added there is no need to wait for the president's approval.
Kayani said that only those nomination forms would be printed to which the ECP had granted approval.
Meanwhile, legal experts are of the view that the ECP has a right to order the president or any government official to get any work done and it also reserved a right to take action if the orders were not implemented.
Justice (Retd) Wajihuddin Ahmed said that the ECP could direct or order any official to help the commission in holding free and fair elections.
He further said that if the orders of the commission were refused then it could also take action against the official.
Two members of the ECP are also of the view that free and fair elections are not possible under the existing laws and nomination forms.
The legal experts further said the commission could move Supreme Court for holding independent and transparent elections.
ECP decision illegal, unconstitutional: Barrister Zafarrullah
Renowned legal expert, Barrister Zafarullah Khan on Monday termed the Election Commission of Pakistan (ECP) decision for printing of proposed nomination forms without approval of the President as illegal and unconstitutional.
Talking to Online, he stated that it is jurisdiction of the Parliament to carry out legislation and ECP is not empower to do all without legislation and the approval of concerned Law Ministry and the President.
"If the ECP is doing all without following the Constitution and it can't bypass the Parliament", he stated.
He termed this decision of ECP as dictatorial one and questioned where the democracy is. "Why the ECP is going to hold general elections, when it can't accept the Parliament and do all without legislation and approval", Barrister Zafarullah Khan said.
According to a statement issued by ECP, "It is already 11th March today and as the printing of the nomination forms has to start by today, therefore, the ECP cannot wait for the President's approval any longer". The ECP stated that it has issued direction for printing of the proposed nomination form forthwith.