Thumbs down: Govt challenges PTI’s vote verification plea

Says election tribunal is the appropriate forum, not Supreme Court, for the petition.


Hasnaat Malik December 11, 2014

ISLAMABAD:


The federal government has opposed Pakistan Tehreek-e-Insaf’s (PTI) petition seeking the verification of thumb impressions on votes in four constituencies.


Filing a reply in the Supreme Court on behalf of the government on Thursday, Additional Attorney General Khawaja Saeeduz Zafar argued that PTI’s application is not maintainable since election petitions filed under article 225 of the Constitution are already pending adjudication and the jurisdiction of a competent election tribunal cannot be circumvented.

According to article 225, no election to a house of parliament or a provincial assembly shall be called in question except by an election petition presented to an election tribunal in a manner determined by parliament.

The government, in its reply, also argued that since PTI’s plea pertains to individual disputes, jurisdiction under article 184(3) – under which the Supreme Court can pass an order on any matter of public importance – cannot be invoked. It added that the PTI’s allegations were ‘vague, wild, general and without any substance’ as well.

The government’s reply was filed in compliance with last week’s Supreme Court order. The court had given the federal government 15 days to file replies to both PTI’s petition seeking vote verification in NA-110, NA-122, NA-125 and NA 154, and the petition filed by the Workers Party Pakistan.

Regarding Workers Party plea over the non-implementation of Supreme Court’s June 8, 2012 order, the federal government said the Election Commission of Pakistan (ECP) has been ordained by the Constitution to “organise and conduct elections honestly, justly, fairly and in accordance with the law.” It added that the government also believes the court order should be implemented in letter and spirit by ECP.

Published in The Express Tribune, December 12th, 2014.

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