Election Commission of Pakistan (ECP) has termed the demand of Pakistan Tehreek-e-Insaf Chief Imran Khan 'unconstitutional' as federal government has no authority to intervene in the matters that are in the jurisdiction of general election.
In a press briefing on Monday, Director General Elections, Sher Afghan, said that the commission will not accept any of the federal government's directives, as it could not intervene in election-related disputes under the Constitution. He said that ECP is an independent body as far as election matters are concerned.
He further explained, the commission has no authority to give any kind of directives or advice to election tribunals in resolving election-related disputes. "We granted an additional 6 months to take decisions on rest of the election cases on the expiry of 120 days earmarked for resolving election disputes," he said. He continued that Imran Khan's criticism is in violation of Article 225 of the Constitution which deals with election disputes.
Replying to a question, he said Pakistan Tehreek-e-Insaf could not file an election petition in Supreme Court of Pakistan as it has been under process in election tribunals. Article 225 of the constitution limits the jurisdiction of any court of law against the legal powers of election tribunals, Dr Afghan maintained.
Replying to another question related to Tehreek-e-Insaf, he said the apex court has four jurisdictions- advisory, review, appellant and principle jurisdiction under Article 184 and 191 respectively. "We don't know in which jurisdiction his petition is filed, as even SC could not give any directive when the PTI's petitions against the results of four constituencies are still pending with election tribunals," he added.
"Our mandate is to hold general elections in the country. In case of pre-mature dissolution of Assemblies, election will be held in 90 days and 60 days are required if assemblies fulfil their constitutional period," he explained. The ECP is working on a legal bill seeking additional powers for holding free and fair elections in the country. "The working on the amended bill will be completed in one and half months and subsequently it would be sent to Ministry of Law and Justice for vetting," he added.
He further said that a campaign has been going on in the media to create a wrong impression that the magnetised ink recommended by Nadra was neither manufactured by PCSIR nor delivered by the ECP to the Returning Officers. The ECP had on many occasions dispelled this impression. "It is made clear once again that the Election Commission was responsible for the delivery of the magnetised ink prepared by PCSIR in accordance with the specifications recommended by Nadra and it fulfilled its obligations. Further actions thereafter were the responsibility of the Returning Officers and Presiding Officers," he concluded.