ECP ‘discrepancies’: Lawyers’ bodies urge SC to take notice

Updated 20 Dec, 2023

ISLAMABAD: The Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) said that the Supreme Court must take notice of the “discrepancies” instead of endorsing every act of the chief election commissioner (CEC).

The PBC and the SCBA in separate statements emphasised the necessity for all political parties and independent candidates to be afforded a level playing field and equal opportunities, ensuring transparency and fairness in the electoral process.

The PBC Vice-Chairman, Haroonur Rashid, and its Chairman Hassan Raza Pasha expressed their serious concerns over the conduct of the CEC, regarding election procedures, delimitations, and seat allocations and highlighted the growing perception that, in the presence of the incumbent CEC, elections cannot be conducted freely and transparently.

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They said that a glaring example is the matter of allocation of two National Assembly seats to the CEC’s native district (Jehlum), with a population of 1,382,000 (approximately) while district Hafizabad, with a population of around 1,320,000 (approximately), is allocated only one seat. A similar imbalance is observed in the allocation of seats for district Rawalpindi.

Despite its lower population compared to Gujranwala Division, an additional seat has been allocated, raising questions about the transparency of the electoral process. It is evident that the conduct of the CECP raises serious doubts about the integrity of the general elections, presenting an environment that appears to lack transparency entirely.

In light of these circumstances, the PBC cannot turn a blind eye to these critical matters. They stress that the Supreme Court of Pakistan, as the highest Constitutional Court, must take notice of these discrepancies instead of endorsing every act of the CECP.

The PBC firmly believes that the primary objective is not merely holding elections but conducting them in a free, fair, and transparent manner, providing equal opportunities to all stakeholders.

With this in mind, the PBC will soon convene an all-Pakistan Representative convention to formulate and announce a line of action and date for a lawyers’ movement in consultation with the SCBA.

The aim is to ensure the cause of free, fair, and transparent general elections which is not possible in the presence of the incumbent CEC of Pakistan, as it seems, he has different codes for every political party or individual.

The PBC remains committed to upholding democratic principles and fostering transparency in the electoral process for the benefit of all citizens.

Meanwhile, SCBA’s President Shahzad Shaukat, Secretary Syed Ali Imran, and the 26th Executive Committee have expressed their deep concern regarding the mounting discrepancies in election procedures, delimitations, and seat allocations and have further raised serious questions about the transparency of elections under the incumbent CEC.

While emphasizing the imperative of holding general elections on the already announced date, i.e., February 8, 2024, they underscored the need for a level playing field and equal opportunities for all stakeholders. Transparency and fairness must be integral to the electoral process to restore public trust, they opined.

They further expressed concerns on the Election Commission’s competence in terms of rising discrepancies in the electoral process close to upcoming elections which raises valid doubts about jeopardizing the fairness and impartiality of the electoral process.

This Association asserted that elections are the cornerstone of the democratic process in the country and must be held on time. Mere adherence to election timelines without addressing grievances may undermine stability rather than contribute to it.

Previously, neglecting to address discrepancies in the electoral process before the polls has not only harmed the country but also risked the failure to achieve meaningful results, imposing a burden on the public exchequer and expending valuable resources.

Therefore, it is imperative to address these issues effectively to safeguard both the democratic process and national resources. As such, the SCBAP is of the view that such elections should be conducted in a free, fair, and transparent manner, providing equal opportunities to all stakeholders.

However, the SCBAP believes that in order to achieve the aforesaid objectives, the present CEC should go home as under him, fair and impartial elections with equal opportunity for all, are not possible.

Copyright Business Recorder, 2023

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