Acting CEC postpones PB-26 Jaffarabad-II by-poll

22 May, 2011

Election Commission of Pakistan (ECP), has postponed the poll for Bye-election in Constituency PB-26 Jaffarabad-II (Old Nasirabad-II), which was scheduled to be held on the May 24. The new date fixed for the elections, is July 9, as poll day for the constituency, said a news release issued here on Saturday.
Justice Javed Iqbal, Acting Chief Election Commissioner (CEC) of Pakistan issued this order in pursuant to the observations made in the Apex Court's Order dated April 25 passed in Constitution Petition No 32/2011 (Mubasher Lucman vs. Federation of Pakistan etc) as well as Orders dated May 4 and May 19 passed in Constitution Petition No 31/2011.
The Acting CEC further observed that recently, in a few cases, the Supreme Court has dilated upon the issue of constitution of the Election Commission in view of the 18th Amendment to the Constitution and the Court has, time and again, stressed upon the completion of the composition of the Election Commission for the reasons as enumerated in Article 218(a)(b) and Article 219 of the Constitution of Islamic Republic of Pakistan.
It has been observed that no concrete progress could be made so far, regarding the appointment of Members of the Election Commission, which is to be done by the Federal Government. It has been further observed that in view of the obligatory Constitutional provisions, all the elections held to fill casual vacancies in Senate, National Assembly and Provincial Assemblies have become questionable after 18th Constitutional Amendment.
There should be no action in deviation of the relevant provisions of the Constitution of the Islamic Republic of Pakistan and directives/observations given/made by the Supreme Court of Pakistan, which is binding in view of the provisions, as envisaged in the Article 189 of the Constitution of the Islamic Republic of Pakistan.

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