Petition admitted: SC to hear Qadri petition on Feb 11
The Supreme Court will hear the case on February 11.
The top court admitting the petition has issued notices to the attorney general and the election commission. PHOTO: AFP/FILE
ISLAMABAD:
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.
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.