Dual Nationality holders barred from contesting elections

Dual Nationality holders barred from contesting elections

In a major development, the Election Commission of Pakistan Monday barred politicians holding dual nationalities from contesting election and proposed directed strict implementation of its order.

“The Returning Officers are directed to obtain a declaration on oath from all the persons filing nomination papers for an election to a seat in the National Assembly or a provincial assembly,” said a press note issued by the ECP.

The decision has been taken under Article 63-1(c) of the Constitution read with Section 99 (1A) (c) of the Representation of the People Act, 1976.

The commission observed the law disqualified such people from being elected, or chosen as, and from being a member of parliament, if “he ceases to be a citizen of Pakistan or acquires the citizenship of a foreign state.”

The said Article of the Constitution is reproduced here which says: “A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if he ceases to be a citizen of Pakistan or acquires the citizenship
of a foreign state.”

This provision of the constitution is being implemented for the first time in the Senate by-election in Khyber Pakhtoonkhwa, for which the nomination papers are to be submitted today (Tuesday) and tomorrow (Wednesday).

The polling will take place on 4th January 2012 at the Provincial Assembly (KPK) Building, Peshawar. The election is being held on the seat vacated after the resignation of JUI-F Senator Azam Swati.

However, Secretary Election Commission Ishtiak Ahmed Khan had no answer to justify why the law was not implemented earlier if it already existed. He further stated that the law had failed to guide what to about the members sitting in the present assemblies
with dual nationality. 

He was of the opinion that law is being implemented for the first time so the ECP has no record of members with dual nationality in existing assemblies.  

He said that an extra column has been added in the nomination form and now by-elections and Senate elections in March next year would be held following this restriction.

The secretary ECP further said if a person with dual nationality submits wrong information for contesting the polls, he/she could be sentenced to jail for three years or could be disqualified for five years.  

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Posted by Faisal Farooq on Dec 20 2011. Filed under Pakistan, Politics. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry