ECP Proposes Amendment to Empower Verification of Lawmakers’ Asset Statements
Draft change to Election Rules 2017 would allow commission to seek clarification from MPs, institutions on wealth declarations; move comes as ECP hears asset-related case against Achakzai

Khudayar Mohla

ISLAMABAD: Elections remain the only mechanism in a modern democracy to bring about change in society, promote transparency, and nurture leadership capable of delivering across the board, as the electoral process is directly tied to the accountability of parliamentarians. In line with this principle, the Election Commission of Pakistan (ECP) has proposed an amendment to the Election Rules 2017 aimed at empowering it to seek direct clarification on statements of assets and liabilities submitted by lawmakers.

According to a notification issued by the ECP, the commission intends to insert a new proviso in Rule 137. Under the proposed change, if any ambiguity is found in the wealth statement of a parliamentarian or a member of a provincial assembly (MPA), the commission would be authorised to seek clarification not only from the member concerned but also from any other person, department, organisation, or financial institution that may hold relevant information.

The draft further stipulates that such entities “shall be bound to respond to the query/clarification within time fixed by the commission,” effectively making cooperation with the ECP’s verification process legally mandatory rather than discretionary. This provision significantly broadens the scope of the commission’s investigative reach, extending its authority beyond the lawmaker in question to third parties, including banks and financial institutions that may hold relevant records.

The ECP has published the draft amendment for public consultation and has invited objections and suggestions from stakeholders by August 15. The commission is expected to hear and decide on these objections after the deadline closes. The draft amendment has been uploaded on the ECP’s official website for public review, in keeping with standard procedure for proposed regulatory changes.

Notably, the proposed amendment comes at a time when the ECP is already hearing three separate cases against Leader of the Opposition in the National Assembly and Pakhtunkhwa Milli Awami Party (PkMAP) chief Mehmood Khan Achakzai. One of these cases specifically pertains to his statement of assets and liabilities.

The timing has drawn attention, as the cases against Achakzai are scheduled for hearing on August 19 – just four days after the public consultation deadline for the proposed rule change lapses. This sequencing means the amendment could potentially still be under review, or newly notified, by the time the commission takes up the substance of the asset-related case against the opposition leader.

Once formally notified, the amendment would legally bind lawmakers, along with relevant institutions and departments, to furnish information to the ECP within a stipulated timeframe, potentially strengthening the commission’s hand in ongoing and future asset-related inquiries. Legal experts note that such a provision could reduce delays that commonly arise in verification proceedings when lawmakers or third parties are slow to respond to the commission’s queries.

While the ECP has framed the amendment as a broader institutional reform intended to enhance the transparency of the electoral accountability process, the proximity of the proposed change to the Achakzai hearings has raised questions in political circles about whether the timing is coincidental or deliberate. The commission has not issued any statement addressing this overlap.

If enacted, the amendment would mark a significant expansion of the ECP’s investigative powers regarding lawmakers’ financial disclosures, potentially setting a precedent for how wealth statements are scrutinised in future cases as well.

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Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk
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