The ECP has not presented reports regarding the defaulting candidates. PHOTO: FILE
A full bench of the Lahore High Court (LHC) on Thursday expressed dismay over Election Commission of Pakistan’s (ECP) failure to produce details of defaulter candidates.
The three-judge bench headed by Justice Ijazul Ahsan asked the ECP officials, if the commission wanted the court to stop the election process.
The bench observed that despite repeated orders the commission has not presented the reports of the central bank, the tax authorities and the anticorruption establishment regarding the defaulting candidates.
Advocate Azhar Saddique, petitioner, said that ECP has deliberately not produced the adverse reports issued by the State Bank of Pakistan (SBP), Federal Board of Revenue (FBR) and National Accountability Bureau (NAB) about the contestants.
“Actually the ECP has failed to perform its duties as demanded by the constitution,” he said.
Siddique said the elections should be on time, but a detailed review of the reports on contestants was necessary before the elections.
The bench asked the ECP officials about the lists of defaulter candidates.
The ECP law officer Ali Akhar told the bench it was impossible for the commission to prepare detailed lists of nearly 27,000 candidates. Some of the details had been uploaded on the website, but not all records.
At this, the bench admonished the ECP officials and inquired, rhetorically, if the ECP wanted the court to stop the election process.
The LHC bench again ordered the ECP to produce the list of candidates about whom adverse remarks had been given by SBP, FBR and NAB. The court also directed the ECP to produce the record of defaulter candidates as well.
The bench headed by Justice Ijazul Ahsan is hearing a constitutional petition seeking implementation of Articles 62 and 63 of the Constitution in order to stop ineligible candidates from contesting election.
Arguments on role of RO
When the hearing resumed, amicus curie Advocate Babar Sattar assisted the bench by arguing that office of RO was of administrative nature and it could not take action against any contestants over fake degrees.
He argued that the Supreme Court had also directed the ECP to look into the matter of fake degree holders, and the commission had approached the sessions’ courts for action against them.
However, the RO had powers to reject or accept the nomination papers of a candidate on the grounds of ‘Ameen’, Advocate Babar added.
Citing an example, he contended a candidate should be aware of the basic teachings of Islam like those necessary for students in competition examinations.
The bench adjourned the hearing for April 12 (today) and directed another amicus curie to advance the arguments.
Published in The Express Tribune, April 12th, 2013.
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