Nomination paper row: Court throws its weight behind ECP
Directs commission to do what is necessary for free and fair polls.
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.
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.