Electoral rigging: More arguments sought on pleas against judicial commission

‘Why can’t a judicial commission be formed through an ordinance’.

LAHORE: Lahore High Court (LHC) sought more arguments on Monday on petitions challenging the formation of a judicial commission to probe electoral rigging.

The court directed the petitioners’ counsel to submit a report explaining why the president could not issue an ordinance for the formation of such a commission.

Advocate Azhar Hameed Butt told the court the president had no powers to issue such an ordinance. He said the ordinance under which the judicial commission had been formed was unlawful. He said adjudicating allegations of electoral rigging was the responsibility of election tribunals.

Election tribunals, he said, already existed and the judicial commission had no powers to investigate the vote outcome. Butt said the president had misused his powers in signing the ordinance.

The judge asked him to cite a law barring the president from issuing such an ordinance. The court then adjourned the hearing until May 20.

The Pakistan Tehreek-i-Insaf has been allowed to become party in the case.

Butt had earlier said the ordinance was in conflict with the Article 225 of the Constitution. The lawyer said it appeared that the government had issued the ordinance under pressure from a sit-in last year by the PTI. He said that in light of Supreme Court’s judgements, matters related to an election could only be raised in election tribunal.

Published in The Express Tribune, May 19^th, 2015.