Daily Times

ISLAMABAD: The Chief Justice of Pakistan Anwar Zaheer Jamali, while expressing concerns over the non-functional of the Election Commission of Pakistan (ECP) after the retirement of its members, observed that no one was taking the matter into consideration.

The observations were made during the hearing of the election petition by Chaudhry Ashraf Warraich on Tuesday.

The works which needed to be completed were still undone, observed the chief justice while heading a two-judge bench.

He further observed that the census that had to be conducted eight years ago hsf still not been held. “Friendly fire is going on as everything is done in connivance,” he said adding that “the state does not run like this”.

Later, the chief justice took suo motu notice of yjr non performance of functions by the ECP.

According to a press statement issued from the office of the top court’s spokesperson, a notice was taken on the press clippings of different newspapers containing details that after the completion of the term of members of the Election Commission of Pakistan, the commission was unable to perform the duties assigned to it under the constitution and the electoral laws.

“Consequently, various election processes including holding of elections against the vacant seats in the national and provincial Assemblies, local government elections, issuance of notification of returned candidates and various other processes are not being completed, and the timelines provided there for are not being followed in accordance with the constitution and the law,” stated the press statement.

Taking notice of the issue, the chief justice has directed the office to fix the matter for hearing for Thursday (today).

The notice has also been issued to the Attorney General of Pakistan, along with other identical matters.

Meanwhile, the court has also listed the constitutional plea of the PTI candidate Chaudhry Fawad Hussain today (Thursday) against a delay in holding of the by-election in NA-63 Jhelum due to non-completion of the ECP.

The petitioner contended that it had been fairly settled that a constituency could not remain unrepresented for an indefinite time period, adding that the state was duty bound to ensure the right to be represented, by using all means available and was at its disposal.

It was further contended that both the federal government as well as the CEC violated the constitutional duty and instead of putting genuine efforts to provide this opportunity to the citizens preferred to postpone the elections for an indefinite time, which was completely a derogation of the law and the constitution in the garb of illegal and improper pretexts.

The petitioner expressed apprehension that the action of CEC was illegal, unlawful, arbitrary and unwarranted and if he was permitted to exercise his powers in such an arbitrary and casual manner, it would cause a political havoc and bring about a constitutional crisis, setting at naught the integrity and independence of the electoral process that was so important and indispensable to the democratic system.