New nomination forms are constitutional: SC

CJ remarks it is the right of the voters to know about the person who will be representing them.


Web Desk March 14, 2013
The chief justice said that it is the right of the voters to know about the person who will be representing them. PHOTO: EXPRESS

ISLAMABAD: The Supreme Court on Thursday declared the new nomination forms - which are to be filled by all contesting candidates for the upcoming elections - constitutional, Express News reported on Thursday.

Chief Justice Iftikhar Muhammad Chaudhry made this remark during the hearing of a case on electoral reforms.

The chief justice said that it is the right of the voters to know about the person who will be representing them.

The hearing of the case was adjourned till March 15.

The law ministry’s had earlier stated that the ECP was not authorised to make amendments in the nomination form on its own, without fulfilling the legal requirement of getting it approved by the president.

The apex court, however, had given the green signal to commission to amend its rules without getting any formal permission from the government to ensure free and fair polls.

“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?” the chief justice had remarked.

COMMENTS (11)

A | 11 years ago | Reply

The CEC cannot make rules without Presidential assent. Notwithstanding the President's ministerial role in this rulemaking procedure, it is clearly required by law and cannot be sidestepped. If the CJP deems this breach of executive discretion by the CEC constitutional,he clearly didn't pay enough attention in his constituional law class at law school.

Muneer | 11 years ago | Reply

Previously,in Oct 99,the SC/ CJ gave one extra constitutional judgement legitimising the military take over. Since,his two restorations,he has given plenty of extra constitutional orders,and now encouraging ECP to do unlawful acts. Seems the interim government  would also be most likely given instructions and run through court orders/ rulings.This is not rule of law or its implementation and nor by this way the polity will start abiding by the law. The country is likely heading towards, 'Anarchy'. 

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