ISLAMABAD - The Supreme Judicial Council yesterday dismissed a reference against the Election Commission of Pakistan members on the charges of rigging, corruption and malpractices in the general elections 2013, sources said.
Gohar Nawaz Sindhu of Pakistan Tehreek-e-Insaf (PTI) Lawyers Forum, in August this year, filed a reference in his individual capacity under Article 209 of the Constitution, seeking disqualification of the ECP members and removal of the four provincial election commissioners.
The sources said the SJC office had dismissed the reference on the ground that the petitioner was not directly affected by the alleged rigging in the 2013 polls. The documents had no direct evidence against the ECP members, the council noted. “The evidence does not prove the ECP members’ involvement in rigging, corruption and malpractice in the general elections,” the council said. Sindhu had annexed order of the election tribunal in NA-122 and the report of the inquiry commission on the general elections 2013 as evidence.
The petitioner who is not even a lawyer of the Supreme Court said he would file an appeal against the SJC order. He said his application was dismissed without hearing him.
Legal experts say there is no right to appeal against the SJC order. Former Justice Tariq Mehmood, a senior lawyer of the Supreme Court, said the SJC report had been submitted before the President, adding there was no right to appeal against its verdict before any judicial forum.
The Supreme Judicial Council comprises the chief justice of Pakistan as chairman and two most senior judges of the SC as well as two most senior chief justices of high courts as members while the Supreme Court registrar acts as its secretary.
According to Article 215 of the Constitution, the CEC or a member will not be removed from office except in the manner prescribed in Article 209. However, they may resign. The Article 209 describes the procedure for removal of judges of high courts and the apex court through the SJC.
Sindhu had contended before the council that the flaws, illegalities and irregularities found in the commission’s report on the general elections 2013 were reasonable grounds for disqualification of the ECP members.
He had mentioned the political parties had filed complaints and launched protests against the rigging and malpractice by the ECP members in the general elections 2013.
The PTI lawyer stated in his petition that the Election Tribunal after detailed and thorough trial while declaring the general elections, 2013 in NA 125 and NA 122 as null and void has concluded many irregularities maladministration by ECP which render disqualification of its members.
The petition also stated that Article 218 (3) of the Constitution envisaged it would be the duty of the ECP to conduct elections and make necessary arrangements to ensure the holding of elections honestly, justly, fairly and in accordance with the law. Since the elections 2013 had not been conducted fairly and in accordance with law and that the ECP had failed to perform its constitutional duty, its members were guilty of misconduct and liable to be removed from their offices, Sindhu concluded.