The Election Commission of Pakistan (ECP) has informed the Supreme Court that it is unable to provide access to the data server to the Pakistan Tehreek-e-Insaf (PTI) for preparing credible voter lists for its upcoming Intra-Party Elections (IPEs).
On January 21, the Supreme Court sought concise statement from the ECP in response to appeal of the PTI chief election commissioner Tasneem Noorani, seeking court directives for the ECP to provide access to the data server of the commission to prepare credible voter lists for the upcoming IPEs.
Submitting the concise statement in the matter in response to the court orders, the ECP furnished the reasons behind declining access to the Commission data server to the PTI that such access will damage the whole system maintained by the Commission and requested the court to dismiss the plea of the PTI on the grounds of maintainability.
The report said that no legal right guaranteed to the petitioner or his party has been infringed as such as the petition is misconceived, adding that it is a constitutional body and its duty and functions are prescribed, facilitating someone by giving access to its server is not obligatory upon it under any law.
The ECP added that asking for access amounts to interference in the constitutional duties and functions of the Commission as on providing the same, the concept of holding of fair & free election will be affected; therefore the petition is not maintainable.
"The respondent (ECP) is ready to furnish any information to the petitioner (PTI CEC) or anyone else permissible under the law but not at the cost where its system is being hacked or tempered with as such the request is unreasonable," the ECP submitted.
The Commission report further said that an alternative is available to all the registered voters, the PTI may ask the details by messaging on '8300' through mobile phone giving some of the particulars individually, extract of reply be taken from that member or office-bearer of the party so that the purpose will be served.
It added that the petitioner is working hypothetically as he is asking access to the server of the ECP for verifying the particulars of its would be members or office-bearers, adding that although this stage comes later to which the petitioner may make an application at that event, the petitioner or PTI will be facilitated by hard copies saved in accordance with law.
"The issue was examined by the respondent in detail on considering the pros & cons of the request of petitioner and declined for the purpose of brevity the contents of these documents may be read part and parcel of this concise statement," the ECP concluded.