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The Supreme Court on Thursday directed the government to submit the list of legislators, who won elections after the passage of 18th Amendment bill in 2010, to the apex court by May 11. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing a case filed by Chairman Pakistan Tehreek-i-Insaf (PTI), Imran Khan, against bogus votes in the voters' list, which was used for holding 2008 general elections due to which fake assemblies were formed three years ago.
Justice Chaudhry remarked that how polls could be held in the absence of an incomplete election commission and such elections have no legal grounds. "Such elections have no legal ground when there exists no election commission...it is a big question mark," the CJP observed.
The lawyer for the federation informed the court that all out steps are being taken to complete the voters' list. The counsel for the petitioner said that non-formation of an independent election commission according to the Constitution was a violation of basic human rights hence its formation was a constitutional obligation.
He said that that the government has failed to fulfil its legal obligations after the passage of 18th Amendment, which clearly called for the constitution of an independent election commission to ensure free, fair and transparent elections in the country. Earlier Attorney General for Pakistan, Molvi Anwarul Haq, confessed before the apex court that 'no independent election commission is working in the country at the moment.'
In his application, Imran Khan, who is the petitioner in the case, has contended that according to Election Commission almost 44 percent of the registered voters were bogus which has made the status of present assemblies and the government dubious.
Imran said that the government formed on the basis of bogus votes neither represent the people nor it could be expected to protect the vital interests of the country. A 'political mafia' is ruling Pakistan that got elected through bogus votes, he said adding that democratic change in Pakistan could only be brought through an independent election commission and new electoral list. Imran Khan said that the purpose of filing the petition in the Supreme Court was to force the government and the Election Commission under the Supreme Court directives to prepare fresh electoral rolls eliminating all bogus votes and incorporating new eligible votes that could be verified from the database of Nadra.
In his petition, Imran Khan pleaded to introduce electronic voting machine for the use of voters in the future general elections. He said that to save Pakistan from a bloody revolution, it was essential that the right of franchise be ensured to the people of Pakistan so that the change could be achieved peacefully and through the ballot box. The hearing was adjourned till May 11.

Copyright Business Recorder, 2011

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