A day after the top court removed another hurdle to timely holding of the general elections, scheduled for February 8, two leading bar associations raised serious concerns about the chief election commissioner’s (CEC) ability and intention to hold free and fair polls, demanding his removal.
The Supreme Court Bar Association (SCBA) and the Pakistan Bar Council (PBC) on Tuesday issued separate statements highlighting their deep concern over discrepancies in the electoral process.
They called for resolution of these “mounting discrepancies” in election procedures, delimitations, and seat allocations before the general elections.
Interestingly, the Supreme Court on Monday, December 18, asserted that once the Election Commission of Pakistan (ECP) announces the election schedule, objections to the delimitation of constituencies shall be deemed inadmissible.
A three-member bench, led by Acting Chief Justice Sardar Tariq Masood and comprising Justice Syed Mansoor Ali Shah and Justice Athar Minallah had ruled this while declaring as null and void a Balochistan High Court (BHC) verdict that had contested the delimitation of two constituencies.
However, the bar associations in their statement while emphasizing the imperative to hold the general elections on the already announced date of February 8, 2024, underscored the need for providing a level playing field and equal opportunities to all stakeholders.
The SCBA noted that transparency and fairness must be integral to the electoral process to restore public trust. However, it said, rising discrepancies in the electoral process ahead of elections had raised valid doubts about competence of CEC Sikardar Sultan Raja,
These discrepancies, it claimed, are “jeopardizing the fairness and impartiality of the electoral process” and they must be addressed effectively to safeguard both the democratic process and national resources.
“As such, the SCBA is of the view that such elections should be conducted in a free, fair, and transparent manner, providing equal opportunities to all stakeholders.
“However, [the] SCBA believes that in order to achieve the aforesaid objectives, the present [CEC] should go home as under him, fair and impartial elections with equal opportunity for all, are not possible,” it added.
The bar association acknowledged that elections are the cornerstone of the democratic process and must be held on time. “[But] mere adherence to election timelines without addressing grievances may undermine stability rather than contribute to it.”
It said in the past the authorities’ inability to address discrepancies in the electoral process before the polls not only harmed the country but also risked the failure of achieving meaningful results, imposing a burden on the public exchequer and expending valuable resources.
The PBC’s statement was more specific in highlighting the alleged discrepancies.
“A glaring example is the matter of allocation of two National Assembly seats to the CEC's own native district (Jhelum), with a population of 1,382,000 while district Hafizabad, with a population of around 1,320,000 is allocated only one seat.
“A similar imbalance is observed in the allocation of seats for district Rawalpindi. Despite its lower population compared to Gujranwala division, an additional seat has been allocated, raising questions about the transparency of the electoral process.
“It is evident that the conduct of the CEC raises serious doubts about the integrity of the general elections, presenting an environment that appears to lack transparency entirely,” it said.
The bar association that represents lawyers from all over Pakistan urged the Supreme Court to take notice of these discrepancies, “instead of endorsing every act of the CEC.
“The PBC firmly believes that the primary objective is not merely holding elections but conducting them in a free, fair, and transparent manner, providing equal opportunities to all stakeholders.”
It said that the PBC will soon convene an all Pakistan representatives’ convention to formulate and announce a line of action and date for a lawyers' movement in consultation with SCBA.
“The aim is to ensure free, fair, and transparent general elections, which is not possible in the presence of [the] incumbent [CEC], as it seems, he has different codes for every political party or individual,” it added.
The ECP spokesperson later issued a statement rejecting the PBC’s claim that CEC Raja allocated two National Assembly seats to his native town.
The spokesperson clarified that the CEC’s native town is Sargodha and not Jhelum.
“No additional seat was created in the district. The commission's mandate precludes the creation of an extra seat for any specific individual based on personal desires. The same principle was observed in Hafizabad district as well. The ECP will not yield to any pressure or manipulation," he added.
Interestingly, the statement was endorsed by SCBA President Shahzad Shaukat, Secretary Syed Ali Imran and the bar’s 26th executive committee.
However, sources revealed that after issuance of the statement, Shaukat contacted the CEC to inform him that it was issued without his consent. He told Sikandar Sultan Raja that he was currently in Makkah and would issue a clarification upon his return on Dec 22.
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