Election Reforms Act case: CJ hints at forming larger bench

The Supreme Court has again made it clear that general election 2018 will be held on time and even one day delay would not be tolerated. A three-judge bench, headed by Chief Justice Mian Saqib Nisar was hearing Election Reforms Act, 2017 case on Monday.
The Chief Justice hinted to constitute a larger bench for hearing of this case and asked the petitioner to take out one thing from his mind that the election will be delayed for two or three months.
A two-judge Supreme Court bench on Sunday suspended a Lahore High Court (LHC) verdict ordering the revision of the nomination forms to be submitted by candidates for upcoming general elections. LHC Judge Ayesha A Malik on June 01 ruled that the nomination forms do not include mandatory information and declarations required from lawmakers as per the Constitution and law, and ordered the ECP to ensure this information is included in the revised Form A ? for election to the National Assembly or Senate ? and Form B ? a statement of assets and liabilities.
An official of the Election Commission of Pakistan informed that they have prepared code of conduct for the next general election in view of the apex court directions. The apex court had directed the ECP to hold impartial and transparent elections. He said the consultation was held with the political parties and with their consent, code of conduct was prepared.
The official said after the Election Reforms Act, 2017 the code of conduct was reviewed and new one was prepared for the general election 2018. Petitioner's Counsel Bilal Manto argued that it is not right as the code of conduct was prepared in 2017. He said in the Workers Party case, the Supreme Court had stated that the ECP would have full powers to conduct elections; however, the Commission considers itself helpless, as the issue of nomination papers has arisen.
The Chief Justice then asked him to take out of his mind that the election would be delayed for two or three months, adding the elections would be held on time. An official of the ECP said that all political parties participated in preparation of the code of conduct. Upon this the Chief Justice said the code of conduct cannot be changed. He said the apex court in 2012 had delivered judgment on the election reforms and outlined the powers of the Election Commission.
The Chief Justice observed that due to the Lahore High Court judgment, the process of filing of nomination papers could not be started, adding if they revive the old nomination forms then the candidates for upcoming elections have an excuse that they don't have complete information; therefore, they would demand to postpone the elections.
During the proceedings, Dr Zubair appeared before the bench and said that being a voter it is his right that the elected representatives declare their assets and tell the details about them and their dependants. The Chief Justice asked him whether he wants that old clauses in the nomination papers be restored. The Chief Justice said the court believes in the supremacy of the Constitution; therefore, it has suspended the Lahore High Court verdict.
The Chief Justice said that the Parliament is the body of the elected representatives. He inquired Dr Zubair whether he belongs to PTI. He replied that he appeared before the bench as a voter.
Justice Saqib asked him when the Parliament is empowered to do legislation then how this right is violated. The Chief Justice told him that he would have to prove his stance through law and the Constitution. The case is adjourned until tomorrow (Wednesday).