Formation of Election Commission: further delay to disqualify parliamentarians, government warned

The Supreme Court on Wednesday warned the government that any further delay in forming an Election Commission in accordance with 18th amendment, would result in disqualifying member parliament, elected after April 20, 2010. Chief Justice Iftikhar Muhammad Chaudhry said that the government is not fulfilling its constitutional obligations regarding formation of election commission (EC) for the last one year.
The CJP said that if the constitution is violated, everybody at the helm of affairs will have to face serious consequences. "The finance minister Abdul Hafeez Sheikh, who has also been elected after April 20, 2010, would be declared ineligible the government will be in trouble, if the finance minister is disqualified, who will present the budget," he questioned.
He categorically told attorney general to form the election commission as soon as possible or the country may face another crisis. He told the AGP that this is a violation of Article 6 of the constitution and nobody will be allowed to violate the law.
The court was also informed that three Senators and nine members of National Assembly and 17 members of provincial assemblies have taken oath after April 20, 2010. The Chief Justice remarked that how polls could be held in the absence of an incomplete election commission and such elections have no legal ground.
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing a petition 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.
The attorney general informed the court that all out steps are being taken to complete the voters' list and the prime minister has sent some names of legislators to leader of opposition regarding formation of election commission. The CJP told him that this can be discussed later but first tell the court about the steps taken in absence of an election commission. The attorney general had no answer about the legality of polls held under an incomplete election commission.
The CJP questioned that what would be the status of bye-polls held after April 20, 2010 as according to law, membership of all those parliamentarians becomes invalid as the contested polls under an incomplete election commission. 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 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. 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 19.