Election commission: ‘Contemptuous’ letter sparks court’s ire
SC rails at ECP for delay in finalisation of electoral lists.
ISLAMABAD:
A new chapter was added to the apex court’s row with the Election Commission on Tuesday after the court examined ‘contemptuous’ contents of the commission secretary’s resignation. Contents of the letter, which alluded to the apex court, were reported by a section of the media on Tuesday.
“You have tried to undermine the authority of the Supreme Court. We will examine [the letter] and proceed against it separately,” Chief Justice Iftikhar Muhammad Chaudhry said, asking Election Commission of Pakistan (ECP) Secretary Ishtiak Ahmad Khan to submit a copy of his resignation before the court.
The two-member bench observed that the commission secretary had attempted to ridicule the judiciary, without naming the institution.
Khan told the court that the ‘resignation’ carries a mandatory one-month notice, as per the agreement for his retirement, and he had sent it to the prime minister on March 1.
The resignation has nothing to do with the Supreme Court’s performance, he added.
Finalising electoral rolls
The court also railed at the ECP, once again, for its failure to finalise the electoral rolls.
“The commission had earlier informed the court that it would finalise electoral rolls for the upcoming elections by February 23,” the chief justice said, adding that it seemed as if the ECP was not willing to implement the court’s orders.
The bench was informed that the commission, at a meeting in September 2011, granted the extension in deadline for preparing the voter lists. The bench observed that there was no harm in extending the deadline but questioned why it was extended unilaterally by ECP without consulting the court.
The bench said it will now examine why the ECP did not fulfill its own undertaking in this regard. The commission, in its written explanation, informed the court that it learnt about the Supreme Court’s July 4, 2011 order on December 20, 2011, while members of the commission were elected on June 13, 2011.
It seems that the commission secretary kept the members in the dark in this regard, the chief justice observed. He also directed the attorney general to inform the court whether there was a deliberate delay in the preparation of electoral lists.
The attorney general, Maulvi Anwarul Haq, sought time to collect all information and prepare a comprehensive reply. The hearing of the case was adjourned till March 14.
Meanwhile, the court also raised objection over the chief election commissioner’s reply, saying the same was submitted on his behalf by the commission secretary.
Finalisation of the electoral rolls is in the public’s interest rather than the court’s, the bench observed, adding that the preparation should have begun in 2007.
ECP officials said floods, and the law and order situation in some areas of Sindh, caused the delay in the preparation of the electoral rolls.
Published in The Express Tribune, March 7th, 2012.
A new chapter was added to the apex court’s row with the Election Commission on Tuesday after the court examined ‘contemptuous’ contents of the commission secretary’s resignation. Contents of the letter, which alluded to the apex court, were reported by a section of the media on Tuesday.
“You have tried to undermine the authority of the Supreme Court. We will examine [the letter] and proceed against it separately,” Chief Justice Iftikhar Muhammad Chaudhry said, asking Election Commission of Pakistan (ECP) Secretary Ishtiak Ahmad Khan to submit a copy of his resignation before the court.
The two-member bench observed that the commission secretary had attempted to ridicule the judiciary, without naming the institution.
Khan told the court that the ‘resignation’ carries a mandatory one-month notice, as per the agreement for his retirement, and he had sent it to the prime minister on March 1.
The resignation has nothing to do with the Supreme Court’s performance, he added.
Finalising electoral rolls
The court also railed at the ECP, once again, for its failure to finalise the electoral rolls.
“The commission had earlier informed the court that it would finalise electoral rolls for the upcoming elections by February 23,” the chief justice said, adding that it seemed as if the ECP was not willing to implement the court’s orders.
The bench was informed that the commission, at a meeting in September 2011, granted the extension in deadline for preparing the voter lists. The bench observed that there was no harm in extending the deadline but questioned why it was extended unilaterally by ECP without consulting the court.
The bench said it will now examine why the ECP did not fulfill its own undertaking in this regard. The commission, in its written explanation, informed the court that it learnt about the Supreme Court’s July 4, 2011 order on December 20, 2011, while members of the commission were elected on June 13, 2011.
It seems that the commission secretary kept the members in the dark in this regard, the chief justice observed. He also directed the attorney general to inform the court whether there was a deliberate delay in the preparation of electoral lists.
The attorney general, Maulvi Anwarul Haq, sought time to collect all information and prepare a comprehensive reply. The hearing of the case was adjourned till March 14.
Meanwhile, the court also raised objection over the chief election commissioner’s reply, saying the same was submitted on his behalf by the commission secretary.
Finalisation of the electoral rolls is in the public’s interest rather than the court’s, the bench observed, adding that the preparation should have begun in 2007.
ECP officials said floods, and the law and order situation in some areas of Sindh, caused the delay in the preparation of the electoral rolls.
Published in The Express Tribune, March 7th, 2012.