Dismissal of petitions: Vagueness seen in plea against polls, SC order
Leaves door open for further deliberations on the legitimacy of last year’s general elections.
ISLAMABAD:
In its detailed written order on Saturday, the Supreme Court cited several technical glitches in three petitions seeking to invalidate the May 2013 elections but left the door ajar for more deliberations on its actual legitimacy.
The 10-page judgment was released by the court exactly 45 days after a three-judge bench, headed by Chief Justice Nasirul Mulk dismissed the three petitions on October 29. Among the petitions dismissed was one filed by a former Supreme Court judge Mahmood Akhtar Shahid Siddiqui.
The court in its judgment said it refrained from touching upon the two key questions: Is there any legal provision in the statutory book to declare the whole elections null and void? And does Article 225 of the Constitution place restrictions on the right to challenge election matters at platforms other than election tribunals?
According to the verdict, the court asked the petitioners about the maintainability of their petitions in the light of the above questions. “Since we were not provided any assistance on the propositions, we refrain from dilating upon them,” the order said.
This, according to some legal experts, has left open the scope for further investigations into alleged rigging in the 2013 elections – a demand of Imran Khan’s Pakistan Tehreek-e-Insaf.
Citing reasons for rejecting former SC judge’s plea, the order said the prayers in his petition were incapable of enforcement on account of their ‘vagueness’.
“The petitioner sought directions for ‘appropriate authorities’ to initiate criminal and departmental action against members of Election Commission of Pakistan (ECP). In the absence of the mentioning specific ‘authorities’ no direction can be given,” it said.
The order said none of the petitioners filed any document that could have warranted issuance of notice to the federation, Election Commission of Pakistan (ECP), National Database and Registration Authority (NADRA), Pakistan Council of Scientific and Industrial Research (PCSIR) and other affected parties.
“This deficiency too precluded the court from proceeding further with these petitions,” said the judgment.
The judgment further noted that the petitioners neither impleaded MNAs and MPAs nor members of the ECP against whom the petitioners had sought criminal and departmental action.
The court referred several judgments of the Pakistani courts, saying all the parties should be impleaded in the case in which they are somehow affected.
The verdict noted that non-impleadment of necessary parties, who are likely to be affected, would deprive them from appearing before the court and contesting the petitions at the preliminary stage. “Without impleadment of the said necessary parties, these petitions are not maintainable,” the judgment noted.
Published in The Express Tribune, December 14th, 2014.
In its detailed written order on Saturday, the Supreme Court cited several technical glitches in three petitions seeking to invalidate the May 2013 elections but left the door ajar for more deliberations on its actual legitimacy.
The 10-page judgment was released by the court exactly 45 days after a three-judge bench, headed by Chief Justice Nasirul Mulk dismissed the three petitions on October 29. Among the petitions dismissed was one filed by a former Supreme Court judge Mahmood Akhtar Shahid Siddiqui.
The court in its judgment said it refrained from touching upon the two key questions: Is there any legal provision in the statutory book to declare the whole elections null and void? And does Article 225 of the Constitution place restrictions on the right to challenge election matters at platforms other than election tribunals?
According to the verdict, the court asked the petitioners about the maintainability of their petitions in the light of the above questions. “Since we were not provided any assistance on the propositions, we refrain from dilating upon them,” the order said.
This, according to some legal experts, has left open the scope for further investigations into alleged rigging in the 2013 elections – a demand of Imran Khan’s Pakistan Tehreek-e-Insaf.
Citing reasons for rejecting former SC judge’s plea, the order said the prayers in his petition were incapable of enforcement on account of their ‘vagueness’.
“The petitioner sought directions for ‘appropriate authorities’ to initiate criminal and departmental action against members of Election Commission of Pakistan (ECP). In the absence of the mentioning specific ‘authorities’ no direction can be given,” it said.
The order said none of the petitioners filed any document that could have warranted issuance of notice to the federation, Election Commission of Pakistan (ECP), National Database and Registration Authority (NADRA), Pakistan Council of Scientific and Industrial Research (PCSIR) and other affected parties.
“This deficiency too precluded the court from proceeding further with these petitions,” said the judgment.
The judgment further noted that the petitioners neither impleaded MNAs and MPAs nor members of the ECP against whom the petitioners had sought criminal and departmental action.
The court referred several judgments of the Pakistani courts, saying all the parties should be impleaded in the case in which they are somehow affected.
The verdict noted that non-impleadment of necessary parties, who are likely to be affected, would deprive them from appearing before the court and contesting the petitions at the preliminary stage. “Without impleadment of the said necessary parties, these petitions are not maintainable,” the judgment noted.
Published in The Express Tribune, December 14th, 2014.