A recent Supreme Court of Pakistan judgment delivers a crucial lesson for anyone wishing to contest local government elections. The court made a definitive ruling on the CNIC age for election eligibility, settling a major legal dispute. This decision therefore provides absolute clarity for all future candidates.
The Core of the Election Age Limit Dispute
A candidate, Abdul Nafey, won his seat as a Ward Member. However, a rival contestant challenged his victory. The challenge focused on the election age limit. The law requires a candidate to be at least 21 years old on the nomination day. According to Abdul Nafey’s own CNIC, his date of birth made him only 20 years old at that critical time. This sparked a significant candidate eligibility dispute that traveled all the way to the Supreme Court.
The Candidate’s Defense and the School Record Argument
The candidate did not deny his CNIC showed him as underage. Instead, he argued that his school certificate listed an earlier date of birth. According to that school record, he was indeed over 21. He also mentioned that he later managed to correct his NADRA age for candidacy after the election process had already begun. He believed the court should consider this correction and his school record.
The Supreme Court’s Clear Legal Analysis
The Supreme Court firmly rejected the candidate’s arguments. The judges focused on the plain language of the Balochistan Local Government Act and its Election Rules. The law explicitly states that a candidate’s age must be judged on the last day for filing nomination papers. Furthermore, the Rules mandate that every candidate and proposer must be “in possession of a Computerized National Identity Card (CNIC).” The court reasoned that this specific language makes the CNIC the primary document for establishing identity and age. The local government election qualification depends on the CNIC, not other documents.
Why Your CNIC Date of Birth is Supreme
The court explained that when a law’s words are clear, judges must apply them as written. The Election Rules mention the CNIC, but they do not mention a school-leaving certificate. Therefore, the CNIC date of birth becomes the only valid proof for determining age eligibility. Relying on school records would mean ignoring the law’s specific requirement. The court emphasized that the legislature’s intention, gathered from the words used, was to rely on the CNIC.
The Critical Timing of CNIC Correction
The judges also addressed the candidate’s attempt to correct his NADRA record mid-election. They found this action irrelevant. The critical date for checking eligibility is the nomination day. A correction made afterwards cannot cure an initial disqualification. Allowing such a practice would be deeply unfair to other candidates who followed the rules from the start. This creates a stable and predictable candidate eligibility process.
Key Takeaways for All Potential Candidates
This landmark judgment offers essential guidance for all aspiring politicians. First, your NADRA age for candidacy is final for election purposes. You must ensure your CNIC details are correct long before an election schedule is announced. Second, do not rely on school certificates or other documents to prove your age. The CNIC is the definitive document. Finally, procrastination in correcting your details can cost you your political career. You must verify and correct your CNIC date of birth well in advance of any election.
Conclusion: Verify Your CNIC Before the Election Call
The Supreme Court’s decision underscores a simple but vital rule for electoral integrity. Your eligibility to run for office hinges on the age listed on your CNIC at the time of nomination. This ruling prevents last-minute changes and ensures a fair playing field for all contenders. Ultimately, the responsibility lies with the candidate to ensure their documents are in perfect order long before the election process begins.
For professional assistance with election law services and related legal matters, contact:
Muhammad Amin, Advocate
📞 Phone: 0313-9708019 | 0335-1990495
📧 Email: muhammadaminadvo111@gmail.com