Universal [suff]rage: Rights activists flay high court’s decision to uphold results in PK-95, Lower Dir-II

Say court failed to consider merits of case, arguments of women’s groups

PESHAWAR: Rights activists have voiced their reservations over the Peshawar High Court’s decision to uphold the results of PK-95, Lower Dir-II by-elections.

According to a press release issued on Sunday, the judgment was declared a “serious blow” to all efforts made to achieve gender parity in Pakistan.

A group of activists also requested the Supreme Court to take notice of the issue and ensure that it is resolved.

Heart of the matter

By-elections were held in the constituency on May 7 after the seat fell vacant when Jamaat-e-Islami chief Sirajul Haq was elected as a senator in March 2015.

However, the Election Commission of Pakistan (ECP) declared the by-election null and void. The decision was prompted by a petition filed in the high court by 12 women who alleged women had not been allowed to cast their ballots. They also demanded JI’s Aizazul Mulk Afkari should be unseated.

ECP withheld Afkari’s notification and insisted fresh polls should be conducted.

However, PHC’s decision set aside the polling body’s results in a short order issued on March 10. According to a detailed judgment issued by PHC on Saturday, the electorate had a choice on whether to cast their vote and there was no punitive law that prevented them from doing so.

Out of the loop

As per the press release, the PHC failed to “consider the merits of the case” and did not hear the arguments of rights activists as co-petitioners.

The press release added this is not the first time a constitutional law has been interpreted differently by lawyers in various tiers of the judiciary and independent commissions such as the ECP. “However, it is indeed a serious setback to the autonomy and independence of the ECP,” stated the press release. “It could have far-reaching negative consequences in future elections or by-elections.”

“It does not [befit] JI to selectively uphold or scorn the ECP’s jurisdiction and autonomy, as and when it suits their purpose,” stated the press release.

Critical blow

The rights activists said experts must discuss whether or not the constitutionally guaranteed autonomy and independence of the ECP was held in contempt and if the ECP had overstepped its jurisdiction.

“In fact, this is an urgent case for the honourable Supreme Court to exercise its suo motu powers,” read the statement. “This was a landmark case for Pakistani women’s rights activists. The PHC’s order is a huge setback to the protection of women’s rights to political participation and universal franchise.”

It added, “Coming just two days after the euphoria of the observance of International Women’s Day on March 8, it is indeed a serious blow.”

Rakhshanda Naz, a social activist said while speaking to The Express Tribune, “PHC says women in that particular constituency did not come out [to vote] by choice and declared the decision in favour of Afkari.”

Published in The Express Tribune, March 14^th, 2016.