ISLAMABAD - The Supreme Court Tuesday observed that preparing of voter lists can be delegated to National Database and Registration Authority (Nadra), if the election commission failed to compile the task.
The Chief Justice Iftikhar Muhammad Chaudhry heading a three-member bench questioned the Election Commission of Pakistan (ECP) secretary to explain reasons for delay, and directed it to prepare a comprehensive report regarding the voters’ lists and submit it today (Tuesday).
Hearing a constitutional petition filed by Pakistan Tehreek-i-Insaf (PTI) chief Imran Khan regarding voter lists, the court also observed that rules were violated in by-elections, therefore successful candidates could be declared ineligible.
In his arguments, Imran’s lawyer Hamid Khan said that ECP was supposed to complete the voter lists by December 16, but it has not even tabulated the interim lists so far. The ECP was given time to remove the 37 million voters from the lists, but that has not happened, he added.
The CJP observed that four retired judges and chief election commissioner are working in the ECP who are capable members. He said that preparation of electoral lists should not be taken as an easy task, but added that the job could be assigned to Nadra, if Election Commission of Pakistan (ECP) failed in it.
ECP Joint Secretary Sher Afgan informed the court that the preparation of new voter lists was extended with the consultation of all political parties. The chief justice said that it was the violation of the court order as time was extended without the permission of the apex court. Sher Afgan replied, he had informed the Supreme Court registrar about the extension of timeframe. The chief justice said all over the world the election commission is responsible to prepare voter lists at one-month notice. “If tomorrow the government announces election schedule, what the Election Commission would do?” he questioned. The court also inquired from the secretary what the ECP has done about those candidates who were elected in by-elections in the absence of Election Commission under the 18th Amendment. The secretary replied that the election commission, which was now complete, held that by-elections under the old system should be considered and accepted as an act of the past.
The chief justice said that the doctrine of necessity has been buried and now government officials have to decide whether they want to follow the constitution or not, as there was no mid way. He said that initially there would be a problem in following the constitution, however, it would strengthen the institutions and create transparency in the national affairs. He said that rules were violated in by-elections, therefore successful candidates could be declared ineligible. The court directed the ECP secretary to prepare a comprehensive report regarding voter lists, besides instructing him to attach Imran Khan’s petition along with Benazir Bhutto’s plea and adjourned the hearing for today.