Allegations of rigging: Former SC judge presses court to nullify 2013 polls

Claims malpractice by ECP members through purchase of defective ink

ISLAMABAD:

A retired judge has challenged the May 2013 general elections in the Supreme Court through a petition related to the purchase of ink for the electoral process.

The petition, which names the Election Commission of Pakistan (ECP) and federal government as respondents, calls on the top court to declare the 2013 elections “without jurisdiction and without any legal affect” as well as a “nullity in the eyes of the law”.

Mahmood Akhtar Shahid Siddiqui, a one-time judge of the Supreme Court, has called for fresh elections and criminal action against members of the ECP.

The former SC judge retired in October 2011 and was among the judges ousted on November 3, 2007, by former military ruler Pervez Musharraf. Justice Siddiqui was also close to former chief justice of Pakistan Iftikhar Muhammad Chaudhry during his tenure.

Counsel Mian Allah Nawaz submitted the petition on Justice Siddiqui’s behalf. The application states that the 2013 elections are a challenge to the “role and constitutional functions of the SC and the court has the duty and power under Article 184(3) of the Constitution to come to the rescue of beleaguered citizens of Pakistan”.

The petition says that the applicant has been gravely affected by the general elections on account of gross illegalities, malpractices and violations committed by the ECP before May 11, 2013.

Justice Siddiqui alleges that the ECP purchased defective ink from the Pakistan Council of Scientific and Industrial Research Laboratories and National Database and Regulation Authority (NADRA) and supplied this to returning officers and presiding officers for use in polling stations.

“All these delinquent persons/officials to the ECP be so challaned before the court of competent jurisdiction and be punished so that the errors committed should not be made again,” the petition requested.

“The main issue which arises today and plagues the mental crevices of the citizens of Pakistan is why this process was not followed strictly and so to why neither the members of the ECP nor the retuning officers nor the presiding officers did follow the mandatory statutory pre-requisites to the electoral process,” it adds.

“Pursuant to the elections results, announced by the ECP, there was unprecedented protest in the country against these elections. All the political parties, including Pakistan Muslim League (Nawaz), contended that the election process was violated by unprecedented rigging through misuse of electoral laws. On the account of unfortunate results of elections, extremely unpleasant and embarrassing conditions prevailed in the whole of the country,” the petition states.

Justice Siddiqui said he carried out an enquiry into allegations of rigging in the elections particularly during the pre-poll process. He interviewed members of the ECP and observed “that the ECP willingly, deliberately without hiding intentions did not perform its duties within the mandatory statutes.”

“Suffice it to say that on the preparation and printing of ballot papers approximately two billion rupees were spent by the ECP. This amount was taken by the ECP from the state’s exchequer. Very clearly, the members of the ECP including chief election commissioner have committed heinous and unpardonable crime,” the petition states.  Justice Siddiqui claims ink used by the presiding officers in the casting of ballot papers was defective and “suicidal to the transparency of the electoral process”.

Published in The Express Tribune, October 5^th, 2014.