The Supreme Court on Tuesday observed that the Election Commission of Pakistan (ECP) was fully authorised under the constitution to amend the nomination form and make other necessary changes in the run-up to the upcoming polls.
A three-member bench of Chief Justice Iftikhar Muhammad Chaudhry, Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed heard the pleas seeking electoral reforms and directed the ECP to ensure timely general election.
The court noted that it had already interpreted Article 218(3) of the constitution in its June 8, 2012 judgment, making it clear that the ECP was tasked with “organising and conducting the election”.
It said the language of the said article implied that the ECP was responsible for not only conducting the election itself, but also making necessary arrangements for the said purpose, prior to the election day.
The deadlock ensued between the ECP and the Law Ministry when the former on Monday ordered immediate printing of new nomination papers with amendments proposed by it, without waiting for an approval by the president.
The court said Article 218(3) also empowered the ECP to ensure that the election process did not suffer from any corrupt or illegal practices, adding that section 103(c) of the article empowered the election commission to issue instructions, exercise its powers and make orders to effectuate the said standard.
The court noted that since there was no cavil with the proposition that the election commission stood as an independent and fully empowered constitutional body, the 18th and 20th Amendments had substantially enhanced the degree of independence and the scope of powers enjoyed by the commission.
During the hearing, ECP’s counsel Muhammad Munir Paracha told the court that to implement the court’s June 8, 2012 judgment as well as to ensure holding of elections strictly in accordance with Article 218(3) of the constitution, certain amendments were suggested.
The court then asked him to submit the details of these amendments by placing a comparative statement along with the other steps taken to implement the judgment in view of the observations made therein.
The SC bench also asked Deputy Attorney General Dil Muhammad Alizai to seek instructions from the government with reference to the implementation of the judgment wherein Article 218(3) of the constitution had also been interpreted elaborately.
The court directed the parties to submit a comprehensive report over the conduct of upcoming elections in the next hearing and adjourned the proceedings to Wednesday.
Moreover, an official of the ECP said the commission had decided to hold upcoming elections under new electoral reforms.
According to ECP member Justice (r) Riaz Kayani, an ordinance of electoral reforms was being prepared that would be sent to caretaker prime minister for approval soon after the establishment of the interim government.–
The deputy attorney general assured the bench that everyone in the government and opposition supported free and fair elections and the federation was fully committed to leave no stone unturned for the purpose.
