- ECP requests govt to revoke ordinance, seeks Law Ministry’s perspective over the Statuary Regulatory Order (SRO)
- IHC issues notices to parties concerned for filing reply in petition filed against promulgation of presidential ordinance
After the Federally Administered Tribal Areas (FATA) parliamentarians were left high and dry by the issuance of a late Wednesday night presidential order which constrained their voting power to a singular, the Election Commission of Pakistan (ECP) Thursday pleaded the government to revoke the ordinance passed hours before the Senate polls on Thursday, while Islamabad High Court (IHC) was also moved in this regard.
ECP sources revealed that the ordinance was vague and clarified that elections in FATA can resume only if the presidential ordinance was withdrawn.
As the polls commenced, six members of FATA left their polling booths and reached the Assembly Hall instead, whereas six independent FATA MNAs were casting vote for two seats of Islamabad and were not allowed to cast vote for the FATA members.
The chief election commissioner (CEC) Thursday met FATA MNAs and advised them to consult the court. He explained that they did not possess the authority to revoke the ordinance.
The ECP has sought the perspective of the Law Ministry over the Statuary Regulatory Order (SRO) asking if the new regulation could be implemented after the schedule for the elections was implemented. The commission stated that the situation would be clarified after the Law Ministry shares its opinion.
Meanwhile, presiding officers stopped FATA members to cast vote following the passage of the presidential ordinance according to which each MNA would be able to cast a singular vote. Hence, the notification rendered the unification of six members ineffective. Prior to the notification, six of 11 MNAs could collectively elect four senators that shrunk the significance of the votes of other six members.
Shahabuddin, member of the government, had sternly opposed this practice and had demanded to remodel the relevant rule. He further stated that six of the members, who have grouped together, if not hampered, would elect members through horse-trading.
An amendment in the regulations was made, for the members from FATA, through a presidential ordinance in 2002.
According to the sources, six independent candidates out of the total 11 members from FATA had formed a group in the National Assembly that nullified the importance of the votes of other five members including three members from Pakistan Muslim League – Nawaz (PML-N), one from Pakistan Tehreek-e-Insaf (PTI) and one from Jamiat Ulema-e-Islam (JUI-F).
IHC MOVED:
Earlier on Thursday, a petition against the presidential ordinance was filed at the IHC. The petition requested to annul the new approach to elect the senators. It has also been maintained that the Senate elections in FATA must be conducted under the previous regulations.
A 2-member bench of IHC comprising Justice Athar Minullah and Justice Amir Farooq took up for hearing petition filed by Ghazi Gulab Jamal, member of parliament from FATA.
Shafqat Abbasi, counsel for petitioner, appeared in the court and took plea that the presidential ordinance has been promulgated by the government in connection with Senate polls whereby parliamentarians from FATA have been deprived of their right to vote and status of the vote of FATA parliamentarians has been reduced to nullity. Due to this they could not exercise their right to vote during the recent Senate polls, he pleaded. He requested that the presidential ordinance be declared illegal and nullified.
The counsel said the notification was issued a night before the polls at 11pm and copy was not available when Justice Minulllah inquired if a copy of the ordinance was available. Justice Minullah remarked that the court could not issue any order in this situation.
While issuing notices to secretaries of Ministry of Law and Justice, ECP and other parties in the case, the court sought report within a week and adjourned the case hearing.
