Kanwar Muhammad Dilshad, the former Secretary of the Election Commission of Pakistan (ECP), clarified that candidates are not required to personally appear before the returning officer (RO) while filing nomination papers or during their scrutiny.
The statement addressed concerns about rejecting nomination papers of candidates in hiding or declared as proclaimed offenders should they fail to appear before their relevant ROs.
Dilshad referenced an election order issued 2002 by former President General (retd) Pervez Musharraf, which initially mandated the candidate’s presence while filing nomination papers. This order, he claimed, was specifically designed to target former prime ministers, Benazir Bhutto and Nawaz Sharif, preventing them from appearing before the RO. However, in 2007, the ECP amended the Election Order 2002, removing the requirement for Bhutto and Sharif to submit their nomination papers and appear in person during scrutiny.
Legal Provisions and Upcoming Election Procedures
Emphasizing the significance of this legal aspect, Dilshad noted that a candidate’s election agent, proposer, and any voter with objections can be present during the scrutiny of nomination papers. He pointed out that the current law does not necessitate the candidate’s presence during submission or scrutiny.
Highlighting the record filing of 32,000 nomination papers, he remarked that concerns about candidates losing their nomination rights were now baseless. The scrutiny process is set to continue until Saturday, December 30, with the ECP allowing appeals against the acceptance or rejection of nomination papers until January 3, 2024. Decisions on these appeals are expected by January 10, 2024, with the revised list of candidates to be published on January 11, 2024, and candidates having until January 12, 2024, to withdraw their papers.