A constitutional petition challenging the notification of the Election Commission for delaying the general elections was filed in the Supreme Court on Tuesday.
Muhammad Saad Shibli, vice president Lahore High Court, Bahawalpur Bench filed the petition under article 184(3) of the constitution, requested the court to declare the notification as without lawful authority.
The Election Commission of Pakistan through a notification issued on January 2, 2008 had postponed the general elections, earlier scheduled for January 8, 2008 and had announced fresh date of February 18, 2008 for holding general elections. Chief Election Commissioner, Election Commission of Pakistan and President Pervez Musharraf have been made respondents in the petition.
The petition said that the notification dated January 2, 2008, issued by the Chief Election Commissioner is ex-facie in excess of power and authority, unlawful, illegal, without jurisdiction and discriminatory. It was prayed in the petition that the Chief Election Commissioner was required to announce new schedule after taking date of poll from President. The petition said that Chief Election Commissioner has no power to change the date of poll of general election announced by the President and it would otherwise.
The petition further stated that it is the duty of Chief Election commissioner under article 218 of the constitution and under section 103(a) of People Representation Act 1976 to manage and hold the election fair and free from coercion, intimidation and pressure, but under the effect of incident of December 27, 2007 to December 31, 2007 voters are unable to exercise their right of casting vote in free, fair and impartial atmosphere.
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