Proposal for voting by expatriates: Supreme Court seeks report from ECP
The Supreme Court on Tuesday sought concise report from Election Commission of Pakistan to ascertain the modalities whether overseas Pakistanis can exercise their right of vote in elections under global practices. A four-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing a petition filed by Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan, seeking to ensure right of vote to overseas Pakistanis in the election.
Hamid Khan, counsel for Imran Khan, and Afnan Karim Kundi, counsel for National Database and Registration Authority (Nadra) and Joint Secretary (Election) Sher Afgan appeared before the bench. The bench directed the ECP to look into the matter while going through the experience of other countries in the matter and submit a concise report by next date of hearing. Chief Justice Iftikhar Muhammad Chaudhry inquired about the status of the right of vote asking whether it was it a fundamental right, and who is the authority to protect the right of vote in Pakistan.
A member of the bench Justice Khilji Arif Hussain said that many institutions were claiming to protect the right of vote, upon which Hamid Khan informed the bench that right of vote is protected under Article 17 (1) of the Constitution of Pakistan. Hamid said that as many as 26 countries around the world have extended right of dual nationality, including UK and USA, adding there were eight million overseas Pakistanis. Appearing on notice, Sher Afgan told the bench that problems were being faced while giving the right of vote to overseas Pakistanis as it was very costly. He said registering a voter within the country costs two dollars, while registration of one vote of an overseas Pakistani would cost thirty dollars. Afgan added that throughout the world right of vote has been extended within limits.
The Chief Justice observed that exercising right of vote was the fundamental right of every eligible individual, adding that under Article 219 of the Constitution, the ECP was bound to update electoral rolls every year. He said the idea of providing an opportunity to the overseas Pakistanis to exercise their right of vote was good. However, the entire election process should not be affected due to this.
The CJP remarked that malpractice must be avoided, ensuring the matter in a most transparent manner. ECP's joint secretary stated that at present the right of postal ballot was only given to public servants who, during the time of elections, render duties outside their constituencies. Meanwhile, the bench expressed satisfaction over the reply submitted by the Foreign Office over the matter.
Justice Khilji observed that the court was rendering its responsibilities for ensuring free, fair and transparent elections in the country. "Exercising right of vote in a right manner could change the destiny of the country", he remarked. Meanwhile, the court directed the ECP to analyse the matter in lieu of the experience of other countries and submit report before it by February 6.