‘Illegally’ elected lawmakers: Supreme Court asks govt to resolve dilemma

ISLAMABAD:

The Supreme Court cautioned the government to justify the constitutional status of parliamentarians elected in bye-polls after the ratification of the 18th Amendment within three weeks, in view of its constitutional obligations, failing which it would have to comply with the court’s directive.

Chief Justice (CJP) Iftikhar Muhammad Chaudhary presiding Chief Justice (CJP) Iftikhar Muhammad Chaudhary over a three-member bench comprising, Justice Muhammad Sair Ali and Justice Ghulam Rabbani observed, “The court has so far exercised restraint and would like the government to resolve the issue within the next three weeks.” The CJP said if the bye-elections were to be declared null and void, it would render the parliamentarians’ election unconstitutional. “We are unable to understand why the government is violating court orders.” Chairman Pakistan Tehreek-e-Insaf Imran Khan had filed a petition seeking the exclusion of 37 million bogus votes cast in the 2008 general election from the Election Commission of Pakistan’s (ECP) electoral rolls.

Hamid Khan, counsel for Imran Khan, submitted that under 18th Amendment, it is the Election Commission’s responsibility to compile electoral rolls. Bye-elections in the absence of a duly constituted Election Commission are illegal. The court observed that it was not its duty to draw attention to constitutional violations and quoted Article 5 obligation which states that it is binding on every citizen and especially elected representatives to respect the constitution and the law. After the 18th Amendment, the Election Commission was charged with organising and conducting bye-elections, submitted Attorney General of Pakistan (AGP) Maulvi Anwarul Haq after scanning Article 219 of the constitution. As the ECP had not been constituted in accordance with the 18th Amendment, the Election Commissioner organised the elections.

Justice Sair Ali asked an ECP official to explain how an incomplete election commission organised bye-elections and to quote relevant provisions from the constitution. He also questioned the AGP on when the Election Commission would be constituted in light of the 18th Amendment. The AGP said parliamentarians may justify their election before the court, independently of the government’s stance. A few of the recently elected lawmakers were represented by their counsels who requested the court for some time to prepare a reply.

Naseer Bhutta, suggested parliamentarians and Leaders of both the Houses look for a way out of the impasse. The court has adjourned the case for three weeks.

Published in The Express Tribune, May 20^th, 2011.