ISLAMABAD: Chief Election Commissioner (CEC) Fakhruddin G Ebrahim on Saturday warned that there were conspiracies to get the elections delayed.
When approached by The News to ascertain if those parliamentarians who had violated the law by not submitting their annual tax returns would be barred from taking part in the next elections, the CEC said their first priority was to hold free and fair elections, as there were many conspiracies to get the elections delayed.
“Everyone is worried and in doubt whether the elections
would he held on time or would be delayed,” he said, adding that because of these reasons the first priority for the Election Commission of Pakistan was to hold free, fair and independent elections on time and without any delay.
Without committing that those who had violated the tax laws would be barred from contesting the elections, he said there was little time left for the elections and the ECP’s priority was to ensure free and fair general elections on time.
The CEC said despite making the law of mandatory filing of a ‘return of income’, 70 percent of parliamentarians (305 out of the present 437) did not file returns in 2011, making them violators of the law.
According to a recent report of the Center for Investigative Reporting in Pakistan (CIRC), 67.3 percent of the PML-N’s legislators do not file their returns which is even higher than the PPP whose 66.8% MPs do not file returns. The highest percentage of members not filing returns is of the ANP whose 87.5% legislators do not file returns.
It is believed that the number of such violators of the tax law is also very high in the provincial assemblies and if the database of the FBR is checked hundreds of non-filers in the provincial assemblies would also be exposed.
Though the ECP is non-committal about whether it would do anything to block the re-enty of such MPs into parliament, Article 62 of the Constitution makes such persons extremely doubtful to qualify to become members of parliament or of the provincial assemblies.
According to Article 62 a person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (parliament) unless he is of good character and is not commonly known as the one who violates Islamic Injunctions; he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins; he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law etc. These disqualifications do not apply to a person who is a non-Muslim, but such a person shall have good moral reputation.
In view of the fact that the official record of FBR ascertains that hundreds of MPs have violated the law how can such persons be treated as men of good character, ameen and honest. It is for the ECP to ensure that only those candidates make it to parliament who fulfil the criteria set by the Constitution. However, no such mechanism has been evolved since 1973 to get Articles 62 and 63 of the Constitution implemented by the commission.
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