National Party challenges sections of Elections Act 

National Party challenges sections of Elections Act 

Islamabad: National Party on Monday challenged in the Supreme Court Sections 202(2), 61 (1) (4), and 132(3)(b)(c) of Elections Act, 2017 and prayed to declare them void and of no legal effect.

President National Party Wehdat Ayub Malik filed the petition through advocate Kamran Raheel Sheikh under Article 184(3) of constitution, making federation through Secretary Law and Justice and Election Commission of Pakistan as respondents.

Section 202 of Election law is about the enlistment of the political parties. According to Election Act 2017 for enlistment of political parties, the application shall be accompanied by a copy of the constitution of the political party, the certificate and the information required to be submitted under Section 201 and Section 209, a copy of consolidated statement of its accounts under Section 210, and a list of at least two thousand members with their signatures or thumb impressions along with copies of their National Identity Cards, and proof of deposit of two hundred thousand rupees in favour of the Commission in the Government Treasury as enlistment fee.

The section 61 of Election Act has amended section 13 of Representation of Peoples Act, 1976. Now the Returning Officer shall not accept a nomination paper unless 30,000 for seat of National Assembly and Rs 20,000 for the Provincial Assembly is deposited by the candidate. 

Under section 13 of ROPA the fee for the candidate of National Assembly was Rs4000 and Rs2000 for a seat of Provincial Assemly. Kamran Raheel submitted that  the participation is now well beyond the reach of a common citizens. He contended that the fundamental right conferred by Article 17 of constitution is not only to form and be member of a political party but also right to participate in the election. 

He said that the laws related to regulating elections should be to provide full and effective participation of all citizens in the political process and to have an equal voice in the elections. He said the Section 61(4) of the Elections Act, 2017 has increased the number of votes required in order to prevent forfeiture of the security deposit from one-eighth of the total number of votes cast at the election, as stipulated under Section 43 of ROPA, 1976, to one-fourth of the total votes.

He submitted that Section 132 (3) (b) and (c) of the Elections Act, 2017 has significantly raised the ceiling placed on election expenses for a candidate. For a seat in the National Assembly, from Rs1 million and Rs500,000 as stipulated in Section 49 of ROPA, to Rs4 million for a seat in a National Assembly, and Rs2 million for a seat in Provincial Assembly.

He contended that by enacting Section 202(2), 61(1)(4) and 132(3)(b)(c) of the Elections Act, 2017 the federation has transgressed its authority and imposed those restrictions which are neither reasonable nor are in the interest of the sovereignty or integrity of Pakistan.

Every citizen has a right to form a political party, howsoever poor or small, and be able to contest an election on a footing of equality with any other individual or political party, he submitted adding that for ensuring elections free and fair is to weed out the influence of “money power”, and for this reason, election expenses must be effectively controlled.

Article source: https://www.thenews.com.pk/print/241067-National-Party-challenges-sections-of-Elections-Act