SJC throws out reference against ECP members

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The Supreme Judicial Council (SJC) on Monday dismissed a Pakistan Tehreek-e-Insaf (PTI) petition against Election Commission of Pakistan (ECP) officials over their alleged negligence and inability to hold free and fair polls in 2013.

This was decided in a session chaired by Chief Justice of Pakistan Anwar Zaheer Jamali.

The reference was filed by the lawyer’s wing of Pakistan Tehreek-e-Insaf (PTI) on August 26, seeking dismissal of ECP members in the light of report of Judicial Commission which was set up to probe the allegation of rigging.

Petitioner Gohar Nawaz alleged that the ECP members didn’t perform their due duties ‘honestly’ during the General Election of May 2013. He argued that the nominated members are responsible for election irregularities and therefore they should be unseated as per Article 209 of constitution.

After initial scrutiny, the Supreme Judicial Council dismissed the reference over lack of proofs against the ECP members. The petition also included the Judicial Commission report along with other relevant documents.

A judicial commission constituted to probe the PTI allegations of rigging in the 2013 general election had concluded in July that polls were in large part “organised and conducted fairly and in accordance with the law”.

The commission constituted under a presidential ordinance on April 3 after months of a tug of war between the PTI and the PML-N — had commenced proceedings on April 9. It recorded testimonies of 69 witnesses, including politicians, government and judicial officers and journalists.

Soon after the commission’s verdict, Imran Khan lashed out at ECP and returning officers accusing them of failing to discharge their duty before and during May 2013 general elections.

Khan wrote a six-page letter to chief election commissioner seeking explanation from the ECP on its proposals to address and rectify the failures and breaches in the organisation and conduct of the general elections in view of the findings of the inquiry commission.

The ECP in response to PTI chief’s letter however asserted that it is a constitutional body and not answerable to any political party.

Irked by ECP’s response, Imran Khan vowed to take d take all possible legal action to get the four ECP members removed and declared his intention to file this reference against them before the Supreme Judicial Council.