Verification of thumb impressions: Government opposes PTI's plea
Govt says PTI's petition is not maintainable since relevant election tribunals cannot be circumvented
ISLAMABAD:
The federal government on Thursday opposed Pakistan Tehreek-e-Insaf’s (PTI) plea seeking verification of thumb impressions’ in four constituencies, where the latter had alleged massive rigging took place during the May 2013 general elections.
Last year, the PTI through Hamid Khan had submitted an application in the apex court claiming how it’s directions for electoral reforms in the Workers Party case judgment (passed on June 8, 2012) had been flouted by the Election Commission of Pakistan (ECP), and gave details about alleged rigging in 2013 polls. The PTI further demanded verification of thumb impressions in NA-110, NA-122, NA-125 and NA-154 in addition to action against officials involved in rigging.
Last week, the apex court had directed the ECP and the federal government to file a reply over the petitions filed by PTI and the Workers Party Pakistan within 15 days.
But on Thursday, the Additional Attorney General Khawaja Saeeduz Zafar in his reply, on behalf of the government, stated that these petitions were not maintainable since they were already pending before the court in consequence of Article 225 of the Constitution. Additionally, he argued that jurisdiction of relevant election tribunals could not be circumvented.
The government further objected that PTI’s plea pertains to individual disputes for which jurisdiction under Article 184 (3) cannot be invoked as no question of public importance with the reference to the enforcement of any of the fundamental rights conferred by chapter 1 of part 11 is involved. The government further stated that the PTI’s allegations are vague, wild, general and without any substance.
They further stated that they are factually incorrect, election petitions are already pending before the competent election tribunals, which would be deciding them after recording of the evidence.
Regarding the Workers Party Pakistan plea over the non-implementation of its June 8, 2012 order, the government said that the ECP is a constitutional authority which has been tasked to organise and conduct the elections honestly, justly, fairly, and in accordance the law.
“By virtue of Article 218 (3) the Election Commission has been ordained to organise and conduct the elections and to make such arrangement as a necessary to ensure that the election is conducted honestly, justly, fairly and in accordance the law and corrupt are guarded against. That section 107 of the representation of the People Act 1976 authorises the commission to make rule for carrying out the purposes of the Act and section 104 authorises the commission that it may direct any authority to do anything for carrying out the purpose of the Act, the reply states.
The federal government on Thursday opposed Pakistan Tehreek-e-Insaf’s (PTI) plea seeking verification of thumb impressions’ in four constituencies, where the latter had alleged massive rigging took place during the May 2013 general elections.
Last year, the PTI through Hamid Khan had submitted an application in the apex court claiming how it’s directions for electoral reforms in the Workers Party case judgment (passed on June 8, 2012) had been flouted by the Election Commission of Pakistan (ECP), and gave details about alleged rigging in 2013 polls. The PTI further demanded verification of thumb impressions in NA-110, NA-122, NA-125 and NA-154 in addition to action against officials involved in rigging.
Last week, the apex court had directed the ECP and the federal government to file a reply over the petitions filed by PTI and the Workers Party Pakistan within 15 days.
But on Thursday, the Additional Attorney General Khawaja Saeeduz Zafar in his reply, on behalf of the government, stated that these petitions were not maintainable since they were already pending before the court in consequence of Article 225 of the Constitution. Additionally, he argued that jurisdiction of relevant election tribunals could not be circumvented.
The government further objected that PTI’s plea pertains to individual disputes for which jurisdiction under Article 184 (3) cannot be invoked as no question of public importance with the reference to the enforcement of any of the fundamental rights conferred by chapter 1 of part 11 is involved. The government further stated that the PTI’s allegations are vague, wild, general and without any substance.
They further stated that they are factually incorrect, election petitions are already pending before the competent election tribunals, which would be deciding them after recording of the evidence.
Regarding the Workers Party Pakistan plea over the non-implementation of its June 8, 2012 order, the government said that the ECP is a constitutional authority which has been tasked to organise and conduct the elections honestly, justly, fairly, and in accordance the law.
“By virtue of Article 218 (3) the Election Commission has been ordained to organise and conduct the elections and to make such arrangement as a necessary to ensure that the election is conducted honestly, justly, fairly and in accordance the law and corrupt are guarded against. That section 107 of the representation of the People Act 1976 authorises the commission to make rule for carrying out the purposes of the Act and section 104 authorises the commission that it may direct any authority to do anything for carrying out the purpose of the Act, the reply states.