SC urged to strike down election law

Supreme Court was urged on Friday to strike down and declare the Election Act, 2017 ultra vires for being inconsistent and violative of the constitutional provisions. Azhar Siddique, counsel for President Armaan Welfare Foundation Lahore, Amna Malik, challenged the Election Act 2017 under Article 184 (3) of the Constitution, making secretaries Ministry of Law and Justice, Cabinet Division, Establishment Division and Election Commission of Pakistan, and chief election commissioner respondents.
The petitioner said that the Act was promulgated on October 2, 2017, which is inconsistent and violative of Articles 4, 8, 17, 25, 62, 63, 81, 171, 213, 218, 219, 221, 222, 224 and 250 of the Constitution. Siddique alleged that the respondents have unconstitutionally and unlawfully attempted to make the constitutional provisions of various articles, ineffective which is unwarranted and unconstitutional, therefore such sections at least be declared ultra vires, unconstitutional and void ab initio.
The petitioner's counsel said that Section 104(6) of the Impugned Act is contradictory to the Article 62 of the Constitution, adding that qualifications and disqualifications of the candidates are always determined before their election and entering into the Legislative Assembly and not some years back.
Azhar Siddique submitted that Section 202 of the Impugned Act is inconsistent with the Article 17(2) of the Constitution and imposes unreasonable restriction for the formation and function of the political parties. He further said that Section 203(1) of the Impugned Act is violative of the Constitution and void as the same allows disqualified persons to become office-bearer or head of party and enjoy the privilege to make selection of qualified candidates for elections and influence the business of the government being the head of a party.
Siddique said that prima facie it seems that Parliament has made all-out efforts while consolidating and unifying the laws relating to conduct of elections and now stand repealed vide Section 241 of the Impugned Act, to grant permission to all disqualified persons to come to the field of election and make the elections as game instead of a sacred exercise for choosing representatives who are known as men of credibility and integrity and also capable to lead the nation.
"The comparison of Section 12(2) of the Representation of the People Act, 1974 and 60(2) of the Impugned Act leaves no doubt how the mandate of the people of Pakistan has been misused to provide protection to the disqualified, loan defaulters, etc, for their safe entry into the arena of power and legislative bodies of the state," the petitioner's counsel said.
He also requested the court to direct the legislature to provide law for the appointment of officers and staff to be employed in connection with the functions of the Election Commission and lay down a service structure while determining the terms and conditions of their employment in compliance with the Article 221 of Constitution.