The Electoral Reforms Committee (ERC) deleted 19 declarations on oath from nomination papers in the Elections Act 2017 which were mandatory for a candidate since 1970 elections.
Analysts argue that this will enable tax evaders, convicted felons, loan defaulters, and dual nationals to contest elections.
Kanwar Dilshad, former secretary Election Commission of Pakistan (ECP), said that the Commission should have revised the nomination forms to include all the declarations which were deleted by Parliament through Elections Act 2017 following a Lahore High Court verdict and not opted to appeal the verdict in the apex court.
Parliamentary parties have abolished all checks and balances for candidates contesting elections in the name of electoral reforms, Dilshad said, adding that the ECP is virtually toothless now in terms of scrutiny of candidates.
An official of the ECP told Business Recorder that a 36-member scrutiny committee has been formed to scrutinize nomination forms of the candidates and they would try their best to ensure that no convicted felon or tax evader is allowed to contest the elections.
He said the ECP has full authority under Article 218 of the Constitution to scrutinize nomination papers of the candidates; and all Returning Officers (ROs) are empowered to get necessary information about a candidate from relevant institutions while scrutinizing nomination papers.
"It shall be the duty of the Election Commission of Pakistan to organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against," stipulates Article 218 of the Constitution.
However, Election Act 2017 clause 62 (7) (a) states that the Returning Officers while scrutinizing nomination paper of a candidate shall not ask any question which has no nexus with information supplied in the nomination papers.
The ECP official said that each candidate is required to submit a declaration of Article 62 and 63 along with the nomination papers so all the criminal records and other things would be covered.
Following declarations have been deleted from the oath a candidate had to make in previous elections:
1) Declaration on outstanding loans from any bank, financial institution, cooperative society or corporate body in the candidate's name or in the name of his/her spouse or any dependents.
2) Declaration on default in payment of government dues or utility charges.
3) List containing names of spouse(s) and dependents.
4) Declaration about companies owned by the candidate or his/her spouse and dependents.
5) Declaration of pending cases of criminal offences.
6) Declaration of education qualification.
7) Declaration of present occupation.
8) National tax number.
9) Declaration of income tax paid during the last three years (along with total income and source of income).
10) Declaration of travel abroad during last three years.
11) Declaration of agriculture income tax paid (along with land holding and agriculture income).
12) Declaration of important contribution made by the candidate for the benefit of candidate's constituency if elected previously.
13) Declaration of sum paid to any political party that awarded the ticket to candidate.
14) Declaration of sum received from any political party that awarded the ticket.
15) Declaration to abide by the code of conduct issued by the ECP.
16) Declaration of net assets of current financial year and previous year; and difference in the net assets (only current financial year's value of assets and liabilities had to be provided).
17) Declaration of foreign passport detail from statement of assets.
18) Declaration of personal expenditure detail from statement of liabilities.
19) Statement on oath that the candidate is a citizen of Pakistan and does not carry any other nationality.