Electoral limbo: SC suspends 28 parliamentarians

Membership will be revived after 20th Amendment is passed.


Our Correspondent February 07, 2012

ISLAMABAD:


The Supreme Court has suspended the membership of 28 parliamentarians who were elected through by-polls held after the 18th Amendment. They will remain suspended until parliament passes the 20th Amendment, which will provide constitutional protection for their seats.


The order came on Monday as Chief Justice Iftikhar Muhammad Chaudhry resumed hearings of a petition filed by Pakistan Tehreek-e-Insaf Chairman Imran Khan, requesting the apex court to block by-elections until the Election Commission of Pakistan (ECP) prepares corrected electoral rolls that do not contain unverified voters.

The issue stems from the 18th Amendment, which directed the government to reconstitute the ECP, and appoint a permanent body comprising the chief election commissioner (CEC) and one retired high court judge from each of the four provinces. The government did eventually appoint four retired high court judges as members of the ECP last year.

However, the posts were vacant from April 2010, when the amendment was passed, till their appointment in June 2011. During this period, by-elections were held for a number of parliamentary seats, despite the ECP being incomplete.

This has resulted in Monday’s suspension.

“We are disappointed,” the CJ said. “The parliamentarians should themselves have refused the perks and privileges, saying the parliament was yet to legitimise their election.”

“The suspension is for all legal consequences, as they cannot vote in the upcoming Senate election or to attend the official meetings,” the court stated in its written order.

Justice Chaudhry added that the court had shown much restraint in the matter as, considering that it had pointed out the constitutional irregularities ever since the 18th Amendment was passed.

Some big names are among those who – at least temporarily – are in a state of electoral limbo.

Among the suspended members are 16 provincial assembly members, nine National Assembly members and three senators.

A couple of suspended parliamentarians, who were also federal ministers, were made advisors, so they could continue their jobs.  Finance Minister Dr Abdul Hafeez Sheikh and Petroleum Minister Dr Asim Hussain, both senators from the PPP, lost their portfolios.

After the Supreme Court judgment, Dr Shaikh had to cancel a joint press conference scheduled in the evening with the visiting Iranian Vice President for International Affairs.

Meanwhile, the court rejected Imran’s appeal to the court to stop by-elections until new rolls are provided by the ECP.

Published in The Express Tribune, February 7th, 2012. 

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