The apex court observed that the ECP is authorised to make changes in the nomination form.
ISLAMABAD:
The Supreme Court has given the green signal to the Election Commission of Pakistan (ECP) to amend its rules without getting any formal permission from the government to ensure free and fair polls.
The apex court observed that the ECP is authorised to make changes in the nomination form.
Reiterating its stance on a previous judgment, the top court directed the election authorities on Tuesday to go forward with changes in its rules without the consent of the ministry of law.
“Why does the ECP feel so weak to change its rules necessary to make the polls free and fair, especially after the apex court had explained in June last year that all steps must be taken to make elections just and fair?” remarked Chief Justice Iftikhar Muhammad Chaudhry.
A three-member bench, also comprising Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed, was hearing the case of implementation of its June 2012 judgment passed on the petition of the Pakistan Workers Party asking to empower the ECP.
“The ECP should not find any technical difficulty to get its rules amended in the bid to make the general elections free and fair, especially in the presence of the Supreme Court judgement,” the chief justice declared.
In its order, the bench directed Advocate Munir Paracha, representing the ECP, and Deputy Attorney General (DAG) Dil Muhammad Alizai to submit comprehensive reports about the steps needed to make the upcoming polls fair and just.
When the chief justice asked if there was any controversy between the ECP and federal government about making amendments in the nomination papers, Advocate Paracha said, “There are some 25 amendments the ECP wants to make in its rules before conducting the general elections”.
“Under Article 218(3), the Election Commission is charged with the duty to ‘organise’ and ‘conduct’ elections,” said Chief justice Chaudhry.
He then asked the counsel why the ECP was feeling weak in organising the elections in a free and fair manner.
“It is high time to hold fair general elections. Under Article 190 of the Constitution, the Supreme Court will make all efforts to ensure that its judgement is being implemented,” he vowed.
Later, the bench adjourned the proceedings and the hearing will resume today.
Talking to reporters outside the courtroom, Justice (retd) Tariq Mehmood explained the court order and said now the ECP could go forward with changes in its rules without the consent of the federal government.
“The court has elaborated its judgement only to ensure that all efforts should be made to make the upcoming general elections free and fair,” he added.
Published in The Express Tribune, March 13th, 2013.
COMMENTS (13)
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Another set of self-appointed guardians of the nation. The question is who will watch the watchmen?
@ Wellwisher The still stand united in tax evasion,banks loans default and keeping intact the oppressive system of exploitation in the garb of oligarchic democracy.
Mr. Iftikhar Ch. itself want to help N-League, because they can offer him extension and presidential candidate. so this is just a drama nothing else.
The SC should not interfere in the process of the ECP,and let it organise and conduct elections of its own motion.Where as it is extremely important to hold free,fair and transparent elections,it is also equally essential to work within the laid down parameters. The ECP or for that matter the SC cannot make new rules on its own,which require executive or parliamentary approval.The habit of doing it anyway, will also,not only make the ECP controversial(like SC),but more importantly,the holding and results of upcoming elections.The environments of the country are such that any losing party could create a considerable political turmoil with serious political,security and economic ramifications.One needs to avoid a fool hardy approach.In the end,people will count and not the judges,media or election commission.
In Pakistan every other institution think they are the best in serving the country. They all think the politicians are the least dependable entity in the country forgetting they are the ones who lift the countries to higher levels in other countries. Now the list is joined by ECP. Poor politicians! United you stand. Divided you fall. WHEN WILL THESE POLITICIANS JOIN TOGETHER TO LIFT THE ECONOMY.
@Usman: Hear hear!
Congratulations for breaking the shackles.
Bravo Supreme Court. It is high time to get rid of corrupt politicians. The only way to improve lives of our poor people and have respect of our country in the world.
Under what law ECP will make rules. they have to conduct elction according to rules laid down in the constitution.
The reason this PPP government is objecting to have free election and fair screening of the candidates because they know that majority of their candidates will be ineligible to contest the elections. There seems to be one institution of Pakistan left to stand up to those who think they are above the law. The Supreme Court of Pakistan could do up to a point but the society has to shoulder their responsibility too. How on earth a PM of a country could go on private junket to Ajmir with his minions and hangers on on the tax payer's expense, it is just the height of corruption and hypocrisy, they talk about democracy but never practice it, in democracy the government functionaries don't do the things they do with out any repercussion. It is a shameful affair and if you people vote for them again then you deserve these people to rule you and make your life miserable. Next time they will bankrupt the country and then fly the coop to their abodes in posh places in the Western and North American countries.
Spectacular move by the CJ on the matter and well done! Much needed support for the ECP. ECP should realise it has all constitutional powers to make any amendments it sees fit to ensure free and fair elections AND strict vetting of election candidates. If this critical process is not taken seriously and enforced in true spirit, it will have far reaching consequences for Pakistan for the next 5 years. . We only get the chance to purge our assemblies of the corrupt and inefficient every 5 years. ECP, please don't miss this opportunity because it will only come after another 5 years, by which time, it might be too late.
I fully support the ECP in this. They need absolute power to the extent of being dictatorial to conduct free and fair election. And after all this authority, if we find bogus voters or rigging practices, ECP needs to be held accountable.
This is a very critical move!!! Good going CJ!!