The top court admitting the petition has issued notices to the attorney general and the election commission. PHOTO: AFP/FILE
The Supreme Court has decided to take up a petition that questions how the members of the Election Commission of Pakistan were chosen.
The petition filed by the Minhajul Quran International (MQI) chief Dr Tahirul Qadri on Thursday requested the court to immediately reconstitute the commission just weeks before the dissolution of the assemblies.
The cleric’s argument hinges on Articles 213 and 218 of the Constitution which refers to how the commission is created. It should consist of five members; including a chief election commissioner. Dr Qadri, however, maintains that the appointments of the members of the commission are invalid.
The top court admitting the petition has issued notices to the attorney general and the election commission. The Supreme Court will hear the case on February 11.
After going through the contents of the petition Chief Justice Iftikhar Muhammad Chaudhry passed an order which read, “In view of the important nature of the issue raised, regarding the appointment of the chief election commissioner and the other four members of the commission, the hearing for the petition be fixed on February 11. Notices will be issued to the petitioner and the attorney general for in terms of Order XXVII-A, Rule 1 of CPC”.
Earlier in the day, senior lawyer of the apex court and central leader of the ruling Pakistan Peoples Party Aitzaz Ahsan speaking to the media outside the Supreme Court deemed the petition to be a ploy to delay the upcoming elections.
“If the election commission delves into matters like reconstitution of the commission then important issues like voter registration and correction will be delayed and so will the elections,” he said, adding that the members of the election could not be removed.
Aitzaz said that by approaching the court Dr Qadri had violated his agreement with the government.
He maintained that the ECP should be left to work in peace so that it can focus on more pressing issues like dual nationality, voter registration and tax payment by parliamentarians who wish to contest the next polls.
On a similar note Federal Minister for Information and Broadcasting Qamar Zaman Kaira while speaking to the media outside the Parliament House stated that the dissolution of the election commission was not constitutionally possible and that Dr Qadri was well informed over the matter.
Meanwhile, President Awami Workers Party Abid Hassan Minto, who recently got a court judgment on electoral reforms, said that the petitions filed under Article 184 (3) are almost always heard by the courts. He added that in cases filed under the article a decision to pass a ruling over the case is taken after hearing.
‘We do not have any complaints against the election commission; we only wanted to ensure transparency in the elections through reforms and our case has been decided,” Minto said.
On Wednesday Pakistan Tehreek-e-Insaf (PTI),joined MQI’s call for the reconstitution of the election commission.
The Express Tribune spoke exclusively to Qadri’s younger son Dr Hussain Mohayuddin who confirmed that the MQI will form a political alliance with the PTI in the future. Later that day Chief Election Commissioner Fakhruddin G Ebrahim held a press conference, explaining that dissolution of the ECP will not take place and neither will any member be dismissed.
These demands made by the MQI, PTI and by the Pakistan Muslim League-Quaid are looked upon as ploys to postpone elections by the Pakistan Muslim League-Nawaz and Pakistan Peoples Party.
(WITH ADDITIONAL INPUT FROM APP)
Published in The Express Tribune, February 9th, 2013.
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Earlier also it was pointed out, the "Sheikhul Islam" is working on the agenda of some one else. Either get the care taker PM of own choice or the elections be delayed till the US and NATO forces get favourable exit terms in 2014. IK also knows it and has joined this agenda of some one else. Likely ruling by SC either to dissolve or re constitute the current EC also favourable to President Zardari as he is considered better choice to US interests rather than some one new. An urgent entertainment of petition and its hearing with in couple of days by SC points to the same target of getting such a situation where current troika can prevail for an other year or so.
Purely a mendacious and false statement by Qadri's son. IK has categorically mentioned that there will be NO alliance with TUQ at all. A meeting with someone doesn't mean you establish an 'alliance' with that person. Only if IK-haters had some brain to think.
The perception that the Supreme Court is now actively involved in politics is now more than just that; a perception. The Election Commission of Pakistan (ECP) is today headed by one of the most respected persons around, the likes of whom are very few. The Constitution of Pakistan ensures, quite explicitly, security of tenure not only for the Chief Election Commissioner (CEC) but the entire Election Commission. Moreover the present CEC was appointed by mutual consent of the Opposition and the government, which is rare in our country where an Opposition is meant just to oppose all that the government does. And yet the Supreme Court admits the petition of a non est questioning the formation of the ECP and terming it void ab initio? If this is not dabbling into politics what is? Mr. Tahirul Qadri is, admittedly, only half a lawyer - the pulpit being his main source of income. That old saying 'Neem Hakeem -Khatra-e-jaaN" applies on all fours here. The petition would have not even gone past the office of the Supreme Court had it not been for the present Registrar, Mr. Faqir Mohammad, blue-eyed boy of the Chief Justice. It must be acknowledged that it was the Chairman of The National Accountability Bureau (NAB) Admiral Fasih Bukhari who first pointed out the Supreme Court's interference in political matters, in his letter to the President. Admiral Bokhari had already proved himself to be a man of integrity when he resigned his position as Chief of Naval Staff on a matter of principle, unlike many others who made hay while the sun shone and now shed crocodile tears for the 'bloody civilians'. Now that the Supreme Court has admitted the petition it has come out openly in favour of those calling for a delay in election and as a corollary the Contempt notice against the NAB Chairman ought to be withdrawn.
Section 213 & 218 of the constitution deals with the process to be followed for appointment of Election commission.( chief Election commissioner and four members) In case due process is not followed as prescribed under the aforesaid articles the SC is left with no option but to declare the appointments of CEC and its four members as unconstitutional and the verdict shall be its dissolution.