The Supreme Court on Wednesday directed Election Commission of Pakistan (ECP) to frame rules within two days for the voting right of overseas Pakistanis in bye-elections. A three-judge bench, headed by Chief Justice Mian Saqib Nisar, was hearing the petitions of Chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan, Advocate Muhammad Dawood Ghazanvi, Farhat Javed and a group of citizens.
Secretary ECP Babar Yaqoob Fateh Muhammad pointed out that there is a provision in the Election Act 2017 for overseas Pakistanis' voting right. He referred to the Section 94(1) of Election Act 2017 which says; "The Commission may conduct pilot projects for voting by overseas Pakistanis in bye-election to ascertain the technical efficacy, secrecy, security and financial feasibility of such voting and shall share the results with the government, which shall, within fifteen days from the commencement of a session of a House after the receipt of the report, lay the same before both the houses of Parliament."
The secretary, however, informed the bench that for electronic voting for overseas Pakistanis, the Commission would have to frame rules under the Election Act. The Section 239(1) says; "The Commission may, by notification in the official Gazette and publication on the website of the Commission, make rules for carrying out the purposes of this Act." The Chief Justice said if the Parliament approves this then it will become permanent and can become part of the next general election.
Justice Ijaz said the overseas' votes can be kept separate and if there is no issue then they can become part of the consolidated results. "The electronic voting should be distinguishable so in case of hacking or other issue, it can be excluded from the main results."
The ECP secretary said the Section 94 of Act was discussed by a standing committee of the Parliament and it was recommended by its members that it should be first tested as a pilot project. The Chief Justice remarked that the electronic voting can be used in bye-elections as pilot project, but it should not be a mock exercise.
The secretary informed that bye-elections will be held on 27 seats of national and provincial assemblies. The Chief Justice told him that electronic voting for overseas can be used in all provinces. Later, the case was adjourned until Friday (tomorrow).
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