Reserved seats: ECP dragging its heels on implementation of SC’s clarification order?

ISLAMABAD: The electoral entity has failed to take the requisite action on the implementation of the Supreme Court’s clarification order on the reserved seats case with related huddle having proved inconclusive on Monday.

Chief Election Commissioner Sikandar Sultan Raja presided over an ECP meeting over the implementation of the top court’s fresh order but the conclave failed to finalise the related plan of action, it is learnt.

So far, the Election Commission of Pakistan (ECP) has neither notified relevant National Assembly lawmakers as PTI’s returned candidates, nor has the poll body allotted reserved seats to the PTI, accordingly. No official word came from the poll body over Monday meeting.

An ECP official, requesting anonymity, said that the meeting only decided to fix for hearing the Pakistan Tehreek-e-Insaf (PTI) intra-party polls case on Wednesday - but did not make any progress on the SC order implementation.

Subsequently, the electoral body issued the cause list fixing the PTI intra-party polls case, and issued notices to Barrister Gohar Ali Khan and Raoof Hasan. In a strong rebuke to the poll body, a four-page clarification order issued by majority judges in the reserved seats case on Saturday noted that putting together the record placed before them, and considering the same in the light of the short order in the reserved seats case, “leaves in little doubt that the clarification sought by the Commission– is nothing more than a contrived device and the adoption of dilatory tactics, adopted to delay, defeat and obstruct implementation of the decision of the court. This cannot be countenanced. Even on the application of elementary principles of law, the application filed by the Commission is misconceived.”

The order further noted, “Having itself recognised Barrister Gohar Ali Khan as the Chairman of PTI, the Commission cannot now turn around and purport to seek guidance from the Court with regard to how the certifications are to be dealt with. The Commission cannot approbate and reprobate, taking whatever (shifting) stance as it desires and as may seem to suit its immediate purposes for the moment.”

The apex court declared that the NA legislators concerned were the returned candidates of PTI.

Reprimanding the ECP, the eight judges noted, “The attempt by the Commission to confuse and cloud what is otherwise absolutely clear as a matter of the Constitution and the law must therefore be strongly deprecated—Nonetheless, the continued failure of, and refusal by, the Commission to perform this legally binding obligation may, as noted, have consequences. This obligation must be discharged forthwith.”

Copyright Business Recorder, 2024