The Supreme Court on Monday directed the Election Commission of Pakistan (ECP) to explain the status of by-polls recently held by the commission when it was incomplete under the provisions of 18th Amendment, warning to otherwise declare the elections unconstitutional.
A three-member SC bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Tassaduq Hussain Jillani and Justice Khilji Arif Hussain was hearing a petition filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan against the bogus votes in the voters’ lists, which were used to hold the 2008 general elections and due to which ‘fake assemblies’ were formed three years ago.
The court also directed that the public representatives elected in the by-polls be provided an opportunity to give their stance and details of the proceedings to the court.
The court asked the ECP to consider the attorney general’s earlier statement, stating that the by-polls recently held by the incomplete ECP were invalid. Appearing on notice, ECP Secretary Ishtiaq Ahmed Khan informed the court that 37 million unverified voters had been removed from the NADRA database, while 36 million new voters had been included in it.
He said the authentication of 80 million voters would be started from July 18 and would be completed by August 16. He said the voters’ list would be completed by December 2011. He said for the verification of the voters, the representatives of the ECP would approach each voter door-to-door and later on the list of voters would be handed over to NADRA.
Referring to the issue of voters lists with pictures, the secretary submitted that it has been decided that photographs available would be pasted with the voters’ lists but it would only be provided to the presiding officer because of security reasons.
To a query about the petitioner’s plea for introduction of electronic voting machines in future general election, the secretary said the government had decided in principle to introduce such a system and had formed committees to this effect.
Hamid Khan, counsel for the petitioner and Iftikhar Gillani, counsel for one of the respondents also appeared before the court.
The court directed the ECP to resolve the issue within a reasonable period of time held by the ‘incomplete’ ECP, in which 28 lawmakers had been declared winners.
During the hearing, Hussain observed as to why the chief election commissioner conducted by-polls despite the fact that under the 18th Amendment by-polls could not be conducted without the reconstitution of the ECP.
Later, the court adjourned hearing for an indefinite period.
