Petition on bogus voter list: government, ECP given three weeks to resolve dispute

While hearing the petition on bogus voters list, the apex court granted three weeks to the government as well as the Election Commissioner to resolve the controversy of parliamentarians elected through bye-polls after the passage of 18th Constitutional Amendment.
A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali and Justice Ghulam Rabbani was hearing the petition on Thursday which was filed by Chairman Pakistan Tehreek-i-Insaf (PTI), Imran Khan against bogus votes in the electoral list. During the course of hearing, the Chief Justice said, "The court has so far exercised restraint and wanted the government to overcome legal hurdles about election of Senators, MNAs, MPAs after the passage of 18th Constitutional Amendment."
While going through the Article 219 of the Constitution of Pakistan, Attorney General Maulvi Anwar-ul-Haq asserted that after the passage of 18th Amendment on April 20, 2010 the Election Commission was performing the duty to conduct and organise election to fill the casual vacancies in Senate, National and Provincial Assemblies. As the ECP has not been constituted in accordance with the 18th Amendment, therefore, the elections were organised by the Election Commissioner.
The AGP said in view of the circumstances it would be up to the persons, elected as MNAs, MPs and Senators in bye-elections to decide for themselves. Naseer Bhutta, Shah Khawar and Abad-ur-Rehman Lodhi who appeared on behalf of some of the recently elected parliamentarians prayed for grant of time in order to prepare the reply.
Bhutta, however stated that the parliamentarians of both the Houses should find some way out to resolve the issue. The court observed that it was not the duty of the Court only to draw attention of concerned quarters. But the Article 5 of the Constitution imposes obligation on every citizen, especially the elected representative 'to show loyalty and obedience to the Constitution and law.'
The Chief Justice said if these bye-elections were declared null and void then these parliamentarians would stand elected unconstitutional. "We are unable to understand why the government is violating the court orders," he CJP remarked. Justice Sair Ali asked the AGP when the Election Commission would be constituted in light of 18th Amendment. Earlier, Hamid Khan submitted that under 18th Amendment, the Election Commission was supposed to prepare the electoral rolls. He said bye-elections in the absence of an incomplete Election Commission are not legal. The case was adjourned for three weeks.