Petition filed: Top court asked to nullify 2013 polls

ECP has failed to ensure that the polls were conducted in accordance with the law, says ex-lawmaker

ISLAMABAD:

Former parliamentarian Mian Zahid Sarfraz filed a petition in Supreme Court on Thursday, requesting it to declare last year’s general elections as null and void.

The petition has been filed under Article 184 (3) of the Constitution, making Election Commission of Pakistan (ECP) through its Secretary, Federation of Pakistan through Secretary Ministry of Law, Justice and Human Rights as respondents.



Earlier, a former Supreme Court judge Mahmood Akhtar Shahid Saddiqui and another person had moved two separate petitions against 2013 general elections.

The petitioner submitted that the Election Commission of Pakistan has failed to ensure that the 2013 general elections were conducted honestly, justly, fairly and in accordance with the law, saying corrupt practices were not guarded against as stipulated in Article 218 (3) of the Constitution.

Sarfraz said that instructions issued and orders made in accordance with the exercise of statutory powers were not complied with by the election staff in the conduct of honest, just and fair elections as mandated by Article 103 (C) of the Representation of the Peoples Act 1976.

He submitted, “break-up of votes in at least 24 specimen constituencies — NA-118 to NA-130 of Lahore District and NA-75 to NA-85 of District Faisalabad — demonstrates a huge number of extra votes cast in all the constituencies.”

Among other allegations, the petitioner termed the general cry of elections 2013 being fake, sham and rigged through false voting vehemently brought to fore in the electronic and print media.



Referring to the sit-ins in the Red Zone by two political parties against alleged rigging in general elections, Sarfraz said “Is it not a compelling circumstance to declare the general election of 2013 as null and void?”

Describing the general election as notorious, he said pre-poll rigging, use of un-prescribed ink at the polls, affixing of thumb impressions on the ballot papers by imposters, non-verification of identity of voters approaching the polling booths and many other such like illegalities have rendered the impugned election liable to be declared as null and void.

The petitioner requested, “In view of the above submissions it is most respectfully prayed that this petition may graciously be accepted and after converting the same into appeal the same may be accepted and the general elections 2013 for the National Assembly and all the provincial assemblies may kindly be declared as null and void.”

Published in The Express Tribune, October 17^th, 2014.