No by-election on existing electoral rolls: Supreme Court
RECORDER REPORT
ISLAMABAD: The Supreme Court on Thursday directed the Election Commission of Pakistan to prepare verified voter lists before elections in constituencies where required. It also issued a stay order against the upcoming by-elections on existing electoral rolls that have been found to be bogus.
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry issued these directives while hearing the petitions moved by chairman Pakistan Tahreek-i-Insaf (PTI) Imran Khan and the late chairperson of Pakistan People's Party Benazir Bhutto for the preparation of transparent voter lists.
Meanwhile, the bench accepted the plea of Naseem Chaudhry, Chairperson National Assembly's Standing Committee on Law and Justice. Chaudhry had sought time for the validation of the status of 24 parliamentarians, who were elected through by-elections after the passage of 18th Amendment when the formation of the ECP was incomplete under the Amendment.
"ECP is not allowed to hold by-polls on unverified voter lists. Elections would be held only on verified votes," the bench ordered.
The bench was prayed that the 20th Amendment Bill on the matter had been moved in the Parliament. Therefore, some time may be granted in this regard.
The CJP said they would not allow the ECP to hold elections on bogus voter lists because Constitution demands transparency in the elections. He added the Court in its July 30, 2009 decision had buried the 'doctrine of necessity.' He said there was no martial law in India because they did not make a retreat from their commitment to Constitution.
The Chief Justice further observed that the Court wanted to include overseas Pakistanis in the voter lists by Feb 24.
The bench directed Attorney General for Pakistan Maulvi Anwarul Haq to hold a meeting with National Database and Registration Authority (NADRA) as well as ECP to ensure that by-elections should not be held on the basis of unverified voter lists. Later, the court adjourned hearing till Feb 6.
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