ISLAMABAD: Expressing dissatisfaction over the Election Commission of Pakistan’s (ECP’s) report, the Supreme Court on Tuesday asked the Chief Election Commissioner (CEC) to file an “elaborate” and “well-considered” statement after deliberating upon the functions given in Article 218(3) of the Constitution.
CEC Sikandar Sultan and all the ECP members appeared before a five-member bench, which is seized with a presidential reference regarding holding of the Senate election either through “secret ballot” or “open ballot”.
The Commissioner submitted that a “workable scheme and mechanism” have been developed to guard against “the corrupt practice.”
Chief Justice Gulzar Ahmed asked the CEC to deliberate upon the functions given in Article 218(3) of Constitution with other members of the ECP representing various provinces.
The CJP inquired from the CEC: “What is the role of the Commission in view of the perceptions among the people regarding buying and selling in the Senate polls.”
He also said: “You [ECP] can’t be a silent body and do nothing to guard against the corrupt practice. You have to be expressive in view of the people’s perceptions [on the Senate polls],” adding that the ECP is an independent institution and Article 218(3) cast duty upon the ECP to hold elections fairly, justly and in accordance with the constitution, and corrupt practice be guarded against.
He said for quite sometime corrupt practices have permeated in the Senate elections, adding that three days ago, the legislators of political parties admitted the existence of this challenge on the floor of the Parliament and they underscored the need for a firm step aimed at wanted something be done to guarding against the corrupt practice.
The chief justice noted that the CEC is aware of the situation, but he is saying that “whatever will happen will be done after the Senate elections”.
“He [CEC] does not want to do anything which is taking place before the Senate elections. He then mentioned the video making rounds on social media about distribution of funds.
Sikandar Sultan said Chapter 10 of the Election Act, Article 218(3) and the Rules of the ECP provide a mechanism to prevent corrupt practices.
Justice Ijazul Ahsan remarked that in Chapter 10, ‘corrupt practice’ include the bribery, undue influence exerted on the MPs, adding that “but there is nothing, if an MPA gives vote against his party candidate after taking money, as there is no penal consequence of it”.
The CEC said they have taken pre-emptive and preventive measures and if any unlawful act is brought to their notice, the Commission will take action against the lawmaker found involved in “the corrupt practice”.
“We are monitoring, and liaisoning with the financial wings of FIA and NADRA, and scrutiny is conducted at different phases.”
The chief justice remarked that “these are routine tasks,” asking the CEC: “what mechanism is developed by the ECP to stop the corrupt practice”.
Justice Ijaz inquired from the CEC: “what according to you, is secrecy and to what extent secrecy be maintained in the elections?”
Sikandar Sultan replied that in his opinion, “secrecy is that the voter is not identified”.
Justice Ijaz said according to Section 81 and 82 of the Act, “secrecy is before casting and marking of ballot-paper before inserting it into the ballot box”.
Justice Yahya Afridi asked the CEC whether in his opinion, the steps taken by the ECP are suffice to guard against corrupt practices.
The CEC replied that the Commission has taken many measures, adding that it will make more arrangements in the light of the Supreme Court direction.
Justice Ijaz asked whether the identity of a voter could be maintained indefinitely.
He further asked the CEC to maintain the secrecy, adding that “but secrecy is not absolute”. Sikandar Sultan stated that the Commission discussed these sections [81&82 of Act] and the Supreme Court judgments, which say that ballot marking is prohibited.
Justice Ijaz then said what if the serial number of the voters is available.
The commissioner responded that through this way the voters will be identified which will be against the spirit of secret voting.
Upon that the chief justice remarked that the CEC is not responding to the questions. Addressing the CEC, he said: “please try to understand and absorb what the court wanted to say”.
The CEC stated they would hold the Senate elections in accordance with the law and if they wanted open ballot then the law should be amended accordingly.
Attorney General for Pakistan (AGP) Khalid Jawed Khan contended that he had prepared a proposal in light of the SC proceedings.
He asked the CJP whether the CEC and other members of the ECP had read it, adding that they may give their statements in view of it.
PPP Senator Raza Rabbani objected to it and said the ECP is an independent constitutional body.
He said there are more than one stakeholder in the Senate elections, adding that “the government is only one entity”.
He said any proposal coming from the AGP on the instant matter constitutes government’s position.
The PPP senator further said a better course will be that a mechanism is devised after taking all political parties on board.
He said that in his arguments, he will be making submission on the word “secrecy” given in Sections 81 & 82 of the Act.
Directing the ECP to file another report, the court adjourned the hearing until today (Wednesday).
Copyright Business Recorder, 2021
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