ISLAMABAD: The PPP has once again emerged as a game changer in the perspective of petitions filed in the Election Commission (EC) seeking disqualification of Prime Minister (PM) Nawaz Sharif.
The PM’s consultation with opposition leader is mandatory for the nomination of members of the EC and the PM will not be able to nominate members of the EC unless the opposition leader Khurshid Shah is satisfied over the names.
The federal government pursued the policy of appeasing the opposition leader in the past six months of the current year. In the past both the PML-N and the PPP had played this game successfully on the matter of appointment of the chairman NAB. The legal and constitutional experts have declared the petitions filed by the opposition in the EC against the PM and others as unavailing.
The petitions filed by the opposition in the EC seeking disqualification of the PM, the Chief Minister (CM) Punjab Shahbaz Sharif, the finance minister Ishaq Dar, Mian Hamza Shahbaz MNA and Capt (Retd) Safdar have turned into a protective umbrella for them,
Grave charges have been levelled against the PM and his aides in the petitions filed by the PPP, the PTI and the PAT but these petitions cannot be heard unless the EC is completed. Under the 22nd constitutional amendment, it is legally binding on the PM to nominate members of the EC in consultation with the opposition leader within 45 days and this period will be completed on July, 25.
The PM intends to return to Pakistan on July 12 after Eidul Fitr and he is legally bound to go for a consultation process with his old friend Syed Khurshid Shah in connection with the nomination of the EC members. The two parties which believe in the Charter of Democracy can raise objections initially with reference to the members of the EC at the time of their nomination in the fashion the two parties had practised – resorting to dilly dallying tactics– in the appointment of the chairman NAB for several months in the past despite the Supreme Court’s orders.
Talking to Daily Times former secretary EC Kanwar Dilshad said the EC was highly venerable and an august constitutional institution as enshrined in the constitution. Therefore, the government and the opposition are bound to nominate members within the stipulated period other wise the PM can be proceeded against under Article 6 of the constitution for deviating from the constitution because the EC cannot be made dysfunctional. If it is done so then the PM can be affected. He held that the parties which have filed references have entered into a blind alley because the EC does not hold the powers for conducting investigations. Political parties should have first of all approached the Supreme Court because the apex court can investigate the matter through other institutions.
The President Supreme Court Bar Association (SCBA) Barrister Ali Zafar said the real thing was whether the filers of the petitions in the EC had evidence or otherwise as per law of evidence . What was said so far was said on the basis of suspicions and speculations but now credible and solid evidence would have to be presented before the EC, he remarked. If the case continues to run for two to three years and its outcome remains next to nil then the general public would be disappointed.
He went on to say that the constitution makes it binding to complete the formation of the EC within 45 days. Some times back the Supreme Court had to issue several orders in the matter of appointment of the Chief Election Commissioner and after which the process was completed.
It is pertinent to say that Shahid Orakzai had filed a petition in the Supreme Court in connection with the disqualification of CM Punjab Shahbaz Sharif in 2008. The then chief justice of SC Iftikhar Chaudhry did not let this petition come for hearing otherwise Shahbaz Sharif would not have retained his office as chief minister of the province.
Once again the petitions in connection with the disqualification of Sharif brothers have reached a dysfunctional EC. The political circles of the federal capital are sure that the PPP while using the tool of its central position will not allow the completion of the process of appointment of members of the EC and when the composition of the EC is completed then so much time would have passed in collecting evidence and presenting them in the EC that general elections would be around the corner. The EC is ineffective presently and then these petitions will become infructuous. The PPP will very cleverly succeed in pushing the PTI and the PAT leadership into a blind alley.