Presidential notification plays number game in FATA Senate polls

Author: Rehmat Mehsud

ISLAMABAD: Following circulation of news that established rules are being violated in FATA Senate election process, a presidential notification issued Thursday stated that a voter who is member National Assembly (MNA) from FATA shall have as many votes as there are number of seats of the Senate to be filled, thus paving way for smooth FATA Senate election.

Earlier on Thursday, Daily Times published a news item, stating that either parliament will revise relevant rules or the Election Commission of Pakistan (ECP) may end up rejecting nomination papers of all the 28 Senate contenders from FATA because of violation of a clause that a FATA MNA could be the proposer or seconder of exactly one contender.

According to earlier rules, the nomination form for Senate election that has to be signed by candidates and their proposers and seconders contains the following clause: “I (the lawmaker) hereby certify that I have not subscribed to any other nomination paper in this election either proposer or seconder.”

But those rules have now been relaxed with the presidential notification, which stated, “Provided further that a voter who is member of the National Assembly from the Federally Administered Tribal Areas shall have as many votes as there are number of seats of the Senate to be filled.”

It further stated that the following paragraph occurring twice (separately for proposer and seconder) shall be omitted and shall be deemed to have been so omitted with effect from the date of extension of the said Act to FATA.

The notification states that in exercise of powers conferred under clause (3) of article 247 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to direct that the Elections Act, 2017 (XXXIII of 2017) applied to FATA vide Notification S. R. O. No. 125 (i) 2018 dated February 5, 2018 shall apply with the following modifications.

(a) A reference in the said Act to a Province shall be construed as a reference to the Federally Administered Tribal Areas.

(b) A reference in the said Act to the members of a Provincial Assembly shall be construed as a reference to the members of the National Assembly from the Federally Administered Tribal Areas.

(c) Subsection (3) of section 122 shall have effect as if the following second provision is inserted: “Provided further that a voter who is member of the National Assembly from the Federally Administered Tribal Areas shall have as many votes as there are number of seats of the Senate to be filled.”

“And in Form A (Nomination Form for Election to an Assembly/ Senate) of the Election Act, 2017 (XXXIII of 2017), in the portion for Senate Election only, the following paragraph occurring twice (separately for proposer and seconder) shall be omitted and shall be deemed to have been so omitted with effect from the date of extension of the said Act to FATA.”

“(2) I hereby certify that I have not subscribed to any other nomination paper in the election either as proposer or seconder.”

The Secretariat official had said this limitation on MNAs letting them be the proposer or seconder of just one aspirant for Senate could create hurdles in Senate election on seats reserved for FATA.

“Each FATA MNA has already proposed and seconded more than two candidates simultaneously,” the official had said.

A total of 28 candidates have filed their nomination papers for the four FATA Senate seats.

Aspirants for Senate seats will require at least six votes to win the seat.

Among FATA MNAs, some have gotten together and are known as Independent Group. The group is considered to be on a much firm footing to influence election outcome. It comprises MNAs Bilalur Rehman, Shahji Gul Afridi, Bismillah Khan, Sajjid Turi, GG Jamal and Nasir Khan Afridi.

The rest of the lawmakers have no united front. Shahabuddin, Muhammad Nazeer and State Minister for States and Frontier Region (SAFRON) Ghalib Khan Wazir are with the Pakistan Muslim League-Nawaz (PML-N). Qaisar Jamal is with Pakistan Tehreek-e-Insaf (PTI) and Maulana Jamaluddin is with Jamiat Ulema-e-Islam-Fazl (JUI-F).

Political experts predict that the Independent Group is likely to secure all four seats.

Nomination papers have been filed by Sajid Husain Turi from Parachinar Upper Kurrum, Hidyatullah from Bajaur Agency, Shammim Afridi from Kohat, Malik Najmul Hassan from Orakzai Agency, Shoaib Hassan from Orakzai Agency, Haider Shah from Bajaur Agency, Hilalur Rehman from Mohmond Agency, Mirza Muhammad Afridi from Khyber Agency, Irfanullah from Khyber Agency, Tahir Iqbal from Orakzai Agency, Abdul Razaq from Dara Adam Khel FR Kohat, Adnan Sattar from Kurrum Agency, Syed Akhunzada Chattan from Bajaur Agency, Saleh from South Waziristan Agency, Mirza Muhammad Afridi from Khyber Agency, Faizur Rehman from Dara Adam Khan FR Kohat, Syed Jamal from Kurram Agency, Shahid Hussain from Khyber Agency, Pir Muhammad Aqeel Shah from North Waziristan, Shabhan Ali from Orakzai Agency, Haji Khan from Khyber Agency, Zaiur Rehman from South Waziristan, Malik Afzal Din Khan from Kurrum Agency, Syed Ghazi Ghazan Jamal from Hangu, Farhad Shabab from Khyber Agency, Jangrez Khan from Mohmand Agency, Shah Khalid from Khyber Agency and Nizamuddin Khan from Bajaur Agency.

Meanwhile, the Election Commission of Pakistan (ECP) on Thursday released a list of candidates whose papers were accepted and rejected for the FATA Senate election.

Sajid Hussain Turi, Hidayatullah, Shammim Afridi, Mirza Muhammad Afridi, Hillalur Rehman, Malik Najamul Hassan, Shoaib Hassan, Tahir Iqbal, Abdul Raziq, Syed Akhonzada Chittan, Saleh, Faizur Rehman, Said Jamal, Shahid Hussain, Pir Muhammad Aqal Shah, Shahban Ali, Haji Khan, Ziaur Rehman, Malik Afzal Din Khan, Syed Ghazi Ghazan Jamal, Farhad Shabab, Jangriz Khan and Nizamuddin Khan were among those whose nomination papers were accepted..

The nomination papers of Irfanullah, Haider Shah, Adnan Sattar and Shah Khalid were rejected.

Published in Daily Times, February 16th 2018.

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