SC to hear plea seeking to declare 2013 polls null and void on Oct 29
Retired judge of the apex court Justice Mahmood Akhtar Shahid Siddiqui had asked the court to announce fresh elections, and initiate criminal action against members of the Election Commission of Pakistan (ECP).
A three judge bench, headed by Chief Justice of Pakistan Justice Nasirul Mulk, will take up the case on October 29.
The petition, which names the 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”.
Justice Siddiqui’s counsel Mian Allah Nawaz submitted the petition, which argues 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 application adds 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 it to returning officers and presiding officers for use in polling stations.
The petition also questions why officials of the ECP failed to follow the “statutory pre-requisites to the electoral process.”
Justice Siddiqui said he interviewed officials of the election body, as well as carried out an inquiry into allegations of rigging in the elections, particularly during the pre-poll process.
“I observed that the ECP willingly, deliberately without hiding intentions did not perform its duties within the mandatory statutes,” said the request.
A similar petition filed by former interior minister Mian Zahid Sarfaraz was also listed for the same day.
Justice Siddiqui retired from the Supreme Court in October 2011, and was among the judges ousted on November 3, 2007, by former military ruler Gen (retd) Pervez Musharraf.
According to sources, he was close to former CJP Ifitkhar Chaudhry during his tenure.
COMMENTS (13)
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Obviously, the SC will reject it, thats like asking a habitual thief if he is guilty. Imran knew that already, thats why he has set the 30th November date a week ago. If the election results are overturned, the crooks at the top including Judges, politicians and many media owners will end up in jails and all their illegally gained wealth confiscated, we all know that, so of course we cannot expect justice from these criminals
@Saqib Actually there is no such thing as basis of fairness of elections. Lets say if the point that ink was not of high quality holds true, than what? There is still no legal recourse to Punish one party because of mistake of other. The case can only be made if there was SOME ONE organized a massive rigging to benefit one party. Now that is a perfect cast but to prove that you need a lot more than what we heard from Mr. Khan et all. The biggest anti claim is that PTI only submitted less than 50 complaints on polling stations when they had people on every station. This is simply not a case. Further since Law works with precedence, and former CJP took a precedence of Courts not to interfere in ECP matters, I highly doubt that the case will go any where.
@H Chaudhry: you are missing the point, case is not against the ECP guys (your are trying to help out). Case is against the basis of the fairness of the election.
People, do not hold your breath and read the last sentence; petitioner was very close to former CJP Iftikhar Chaudry. This says it all.......
As western powers have more influence on our political system, I doubt that SC is in a position to say no to them. As we know that super powers are with the PPP & PMLN (London deal) and they are in favor of unpopular governments so they will support Noons. Under this situation not our army nor Judiciary have courage to go against the wishes of supers who are supreme than our army and judiciary & even the sovereignty of our country. Super powers are testing Nawaz against Indian aggression & surely Nawaz is passing the test by not raising his voice against this aggression. Now as far as rigging is concerned everyone knows that elections in Pakistan were rigged but no one can go against the wishes of supers! Summing up, no institution in Pakistan have power to say no to these powers.
@H Chaudhry: Thank you for bringing some sanity to comment forum sensationalism.
@Asad You really have to understand basics of Law. There is no case here and it will be dismissed. Simply put SC cant satisfy whims and wishes of some one. The evidence needs to be reasonable and point out that ECP did something on "Purpose". The legal definition of purpose is not as easy as you would think and common sense will prevail. Slowly all the rhetoric is dying and in a way this is good from PMLN as after SC quashes this case, not much will be left. 2018 is the next elections!
This SC will never indict anyone from PMLN. Even Gullu Butt will be absolved on some technicality. This Case will end up in the SC rubbish basket.
Stupid person - what prove he has got except the false blame game of an old fanatic man imran
Let's see who will be the next Javed Hashmi who will now discredit the supreme court? C'mon Noon-League let the cats out of the bags now!
What kind of a joke is this?
This is absolutely going Nawaz's way. The petition will be heard in great detail and anticipation will build up. The SC will decide the elections can't be voided. PMLN reps: "Even the SC has ratified the elections so what is this hue and cry about rigging?"
We will celebrate 29 Oct 2014 if SC declares 2013 election null and void. Go Nawaz Go and Go Zardari Go.