Top court restores ECP’s code of conduct
Judges said LHC set aside ECP’s May 7 notification believing it violated certain articles of the constitution
The Supreme Court of Pakistan. PHOTO: AFP
ISLAMABAD:
The top court has restored the election commission’s code of conduct, which bars elected representatives from taking part in election campaigns of their colleagues.
On Tuesday, the apex court set aside the Lahore High Court’s ruling that had suspended the rules set by the Election Commission of Pakistan (ECP) – just two days after the ruling party won a highly coveted seat in Lahore in a closely fought by-election.
However, the three-judge Supreme Court (SC) bench again sent the matter to the high court for deciding the case within 30 days after hearing the point of view of the Attorney General for Pakistan (AGP).
The bench, headed by Justice Mian Saqib Nisar, has asked the LHC registrar to list this case for hearing in the next week. The bench pointed out that the high court in its May 25 judgment did not issue a notice to the AGP, whereas it was mandatory under Order 27-A of the Civil Procedure Code (CPC).
The judges said the high court set aside the ECP’s May 7 notification believing it violated certain articles of the constitution.
The ECP rule book bars the prime minister, chief ministers, ministers and members of national and provincial assemblies from taking part in election campaigns of their respective parties during by-elections. Mansoor Sarwar Khan, the president of PTI Central Punjab region, had challenged the code of conduct before the LHC. The high court on May 25 set aside the ECP’s notification.
When the ECP appealed the verdict in the apex court, the top court suspended the LHC’s order on September 8 and restored the commission’s code. The court also issued notices to the respondents and adjourned the hearing until October 13.
However, despite the apex court’s stay order, the LHC again suspended the ECP’s notification on September 22.
In Tuesday’s hearing in SC, ECP counsel Ibrahim Satti argued the high court had committed contempt of court by passing the order despite the apex court’s stay. When the judges asked him to file a contempt petition, the lawyer backed out, saying the ECP was a constitutional body and could not file such petitions.
After getting the consent of Satti and PTI’s counsel Hamid Khan, the bench set aside the high court’s orders and sent back the case to LHC to decide within 30 days.
Published in The Express Tribune, October 14th, 2015.
The top court has restored the election commission’s code of conduct, which bars elected representatives from taking part in election campaigns of their colleagues.
On Tuesday, the apex court set aside the Lahore High Court’s ruling that had suspended the rules set by the Election Commission of Pakistan (ECP) – just two days after the ruling party won a highly coveted seat in Lahore in a closely fought by-election.
However, the three-judge Supreme Court (SC) bench again sent the matter to the high court for deciding the case within 30 days after hearing the point of view of the Attorney General for Pakistan (AGP).
The bench, headed by Justice Mian Saqib Nisar, has asked the LHC registrar to list this case for hearing in the next week. The bench pointed out that the high court in its May 25 judgment did not issue a notice to the AGP, whereas it was mandatory under Order 27-A of the Civil Procedure Code (CPC).
The judges said the high court set aside the ECP’s May 7 notification believing it violated certain articles of the constitution.
The ECP rule book bars the prime minister, chief ministers, ministers and members of national and provincial assemblies from taking part in election campaigns of their respective parties during by-elections. Mansoor Sarwar Khan, the president of PTI Central Punjab region, had challenged the code of conduct before the LHC. The high court on May 25 set aside the ECP’s notification.
When the ECP appealed the verdict in the apex court, the top court suspended the LHC’s order on September 8 and restored the commission’s code. The court also issued notices to the respondents and adjourned the hearing until October 13.
However, despite the apex court’s stay order, the LHC again suspended the ECP’s notification on September 22.
In Tuesday’s hearing in SC, ECP counsel Ibrahim Satti argued the high court had committed contempt of court by passing the order despite the apex court’s stay. When the judges asked him to file a contempt petition, the lawyer backed out, saying the ECP was a constitutional body and could not file such petitions.
After getting the consent of Satti and PTI’s counsel Hamid Khan, the bench set aside the high court’s orders and sent back the case to LHC to decide within 30 days.
Published in The Express Tribune, October 14th, 2015.