Voter lists: Finish your job by Feb 23, SC tells ECP

RECORDER REPORT

ISLAMABAD: The Supreme Court (SC) on Thursday rejected Election Commission of Pakistan's plea that sought more time to prepare electoral rolls. It directed the Commission to complete the voter lists within the stipulated time, i.e., Feb 23. Meanwhile, on a question with regard to legitimacy of some parliamentarians who were elected in by-elections raised again in the SC, the Attorney General for Pakistan stated that a bill in this regard would be tabled in the ongoing session of the National Assembly.

A four-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry has been hearing the petition filed by Chairman PTI Imran Khan and others. The petitioners seek preparation of electoral rolls after names of all bogus voters are deleted.

During the course of hearing, the Ministry of Foreign Affairs also presented a repot to the bench. It did not raise any objection to the right of vote of overseas Pakistanis.

The Chief Justice said the democratic system would be strengthened through free and fair election. It is, therefore, constitutional duty of the Commission to update the electoral rolls. The nation should have confidence in the integrity of Election Commission of Pakistan (ECP), according to him.

Justice Khilji Arif Hussain observed that ECP had failed to discharge its duties.

During the hearing, Afnan Kundi, counsel for NADRA, apprised the bench that the authority had maximized its capacity of scanning, digitalizing and data entry by spending a huge amount of money. He further said that NADRA was ready to print preliminary electoral rolls within the stipulated time. According to him, the new list of adults would be automatically be made part of the system.

Joint Secretary ECP Sher Afghan submitted that necessary arrangements for 55000 display centers had been finalized for inclusion of names in the electoral rolls, objections for exclusion of names and applications for corrections of particulars in the rolls thereof. He requested for more time to complete the electoral rolls.

The Chief Justice observed that the late Ms Bhutto filed a petition in 2007 with a contention to update the electoral lists but nothing had been done by the authorities so far.

Justice Khiliji remarked that the ECP is bound to update electoral rolls annually.

On the occasion, the CJP expressed displeasure over the fact that the existing secretary ECP was on a contract employees. According to him, every man of the country is capable if given a chance then why a retired person was given a contract to work as ECP secretary.

While hearing the matter of those parliamentarians who were elected in by-polls, the CJP asked the AGP whether or not those elections were valid under the constitution.

The CJP observed that the SC suspended the hearing of the matter in hand not to disturb the budget session even then the legal position of these elected parliamentarian was not cleared so far.

The AGP replied that omission was committed while Eighteenth Amendment was in process but the question of the legality of the by-polls should be decided by the body formed under the Constitution.

The AGP further contended that there was difference between an executive and legislative action, adding that a legislative action would take its own course.

Representing Sardar Shafqat Balooch MNA, Chudhry Tasdaq and Mumtaz Tuman MPAs, PML-N leader and parliamentarian Nasir Bhuta contended that there was no penal consequences if the elections were held under an incomplete EC.

The bench issued notices to all the 23 parliamentarian including Finance Minister Abdul Hafeez Sheikh, who even elected before the passage of 18th Amendment in the National, Provincial Assemblies and Senate through secretaries of the parliamentary institutions to appear before the court on the next date of hearing - Jan 19.