A three-member bench of the Supreme Court, headed by Justice Mian Saqib Nisar, directed the registrar office to club all the cases related to election rigging, as well as verification of thumbprint impression of voters.
The apex court hinted at examining and clearly establishing the role of NADRA for verification of voters in future. The court observed that there is need to amend the law for authorising NADRA to verify the voters.
Justice Saqib pointed out that parliament is the only forum to amend such laws (the Representation of People Act 1976) for this purpose. He also observed that election rigging as well as verification of voters by NADRA is the biggest national issue, therefore, it should be examined in a larger perspective.
“Instead of hearing these matters separately, it will be better to hear all pending cases together and give one judgment over this point.”
Justice Saqib also said the court will examine the role of NADRA in election disputes as it has no authority to verify the thumbprint impressions of voters, adding that rules and regulations will be amended for empowering NADRA in this regard. Another member of the bench, Justice Azmat Saeed Sheikh, commented that had the government followed the court’s order the prevailing situation could have been avoided. “This is a legal question as to how the verification of voters will be done?”
He made it clear that the verification of thumb impression of voters is not possible through a mechanical process but it will be done by a forensic test.
On Tuesday, the bench was hearing the case regarding the election irregularities in NA- 202. During the hearing, Akram Sheikh, the counsel for petitioner Ibrahim Jatoi, said that his client was declared successful but on the plea of his rival candidate, Aftab Shaban Mirani, the election tribunal directed for re-polling on 21 polling stations — after which Jatoi was defeated by 233 votes.
Akram Sheikh contended that the election tribunal’s decision to order a re-poll is illegal because it has given a ruling on the report of NADRA. “According to the law, NADRA has no role in the verification of voters,” he adds. Under the law, he said, whosoever levels rigging allegations, the same should prove it.
Published in The Express Tribune, September 24th, 2014.
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