'SC violated Constitution' says CEC
24 January, 2012
ISLAMABAD: Chief Election Commissioner Justice (Retd) Hamid Ali Mirza and Secretary ECP Ishtiaq Ahmed were not on the same page over apex court's Order against bye-elections.
This transpired during the Q and A session of the Election Commission of Pakistan's advisory meeting with political parties, media, and the civil society on the finalisation of the electoral rolls.
"It went against the Constitution that clearly provides for the bye-elections," Mirza answered the questioners when journalists asked repeatedly for his comments on the Supreme Court's verdict against bye-elections.
The Supreme Court of Pakistan earlier had stopped the Commission from holding any of the bye-elections before updating the electoral lists.
The Supreme Court had ordered the Election Commission of Pakistan to prepare voters lists by February 23, 2012.
A three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry had heard the petition moved by PTI chairman Imran Khan regarding removal of fake votes. The bench had directed the ECP to prepare lists at every cost. Rejecting the excuses presented by the ECP, the CJP said there would be no extension in the deadline.
When asked why the Commission was not approaching back the Court with its plea, Mirza, it is up to the political parties to take up this plea if they feel
At the same time, when the Secretary of the Commission was asked the same question, he said, "We are duty bound to accept and implement whatever the judgement comes from the apex court."
He said that the names of four millions Overseas Pakistanis have been included in the voters' list and it was also decided in the Monday's meeting the next general elections would be held on the basis of old constituencies.
Meanwhile, the government and opposition have started consultation to evolve a unanimous strategy after preventing the bye-elections and issuing warning about the banning of parliamentarians elected after the passage of 18th amendment by the Supreme Court.
The government has decided to table the issue in the next joint sitting of the parliament during which government would make efforts to win the support of the opposition on the matter.
Political parties and impartial experts on politics have shown apprehensions on preventing bye-elections by the Supreme Court. The Election Commission of Pakistan had announced to hold the bye elections on eight vacant seats of national and provincial assemblies on February 20. Most of them were vacated after MNAs and MPAs joined Pakistan Tehrik-e-Insaf after resigning from their relevant seats.
The Supreme Court last week stopped the bye-polls until the preparations of computerized voters lists would not be completed for which the court gave the deadline till February 23 to the Election Commission.
The leaders of ruling PPP said that the party would raise the issue in the parliament. Information Minister Dr Firdous Ashiq Awan said that the government has completed the process of consultation and it is hoped that it would get opposition's backing on the issue.
The PML (N) leader Senator Mushahid Ullah Khan agreed with the Supreme Court decision to stop the bye-elections on the bogus voter lists but he hoped the problem would be resolved during next session of parliament. He said that the general elections are expected to be held in the country in 2013 but the PPP-led government is giving some indications for early polls.
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