The need to enforce laws on candidates

The removal of 25 individuals from the preliminary list of parliamentary candidates has sparked reactions. A committee tasked by the Independent Electoral Complaints Commission (IECC) to assess documents of candidates has disqualified these individuals for various reasons from the race for Wolesi Jirga. The decision is not final, because the Independent Electoral Complaints Commission will make the final decision whether or not these candidates can run for the upcoming parliamentary election. The main reason for the disqualification of the 25 candidates are said to be complaints lodged against them.
The assessment of candidates’ documents, as well as the complaints filed against them is the key phase of electoral process. In this stage, if the candidates come under scrutiny, it will significantly contribute to ensuring transparency in election and weeding out ineligible candidates. However, the impartiality of IECC is key to the success to this phase. The commission should transparently evaluate the documents of, and complaints against candidates, regardless of their strength and social standing. Any discriminatory and preferential treatment in this area is itself fraud and malfeasance. It is not fair if a candidate is removed from the preliminary list on reasonable grounds, but another with power and wealth against which documented complaints exist is not. Such biased treatment can destroy the already eroded public trust in election.
The grounds for disqualification of candidates should be justifiable. The deprivation of prospective candidates from the parliamentary race on the basis of political opposition can discredit the democratic process in the eyes of people. Election is a political struggle, and political opponents should be beaten fair and square in a transparent election in lieu of disqualifying them from the race.
Now, the authority to make the final decision on the fate of candidates lies with the Independent Electoral Complaints Commission that should fairly adjudicate the complaints in the view of electoral laws. Any discriminatory treatment by IECC can further complicate the electoral process, which is already faced with many challenges. It does not mean the commission should not remove any candidate from the list; the point here is that it should treat all candidates fairly. It is the legal authority of IECC, and it should be held accountable in case it fails to exert it.