ISLAMABAD: Hearing the presidential reference on the Senate election on Tuesday, the Supreme Court expressed dissatisfaction over the report submitted by the Election Commission of Pakistan (ECP) and observed that it is ECP’s constitutional duty to ensure transparent polls.
The chief election commissioner (CEC) and the ECP members appeared before the court in the hearing.
A five-member bench of the apex court, headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed, was hearing the presidential reference seeking the court’s advice over the open ballot in the upcoming Senate election.
“The Election Commission should not keep silence over the matter and submit its report after reviewing all aspects of the matter”, the CJP said. “The election commissioner should tell us how he plans to stop corrupt practices in the Senate elections,” asked the chief justice.
Justice Ijaz ul Ahsan observed that the Election Act does not mention corrupt practices specifically. “The word ‘guard’ has been used for political interference before and after elections, as well as corrupt practices,” noted the judge.
Justice Ahsan said that guarding against corrupt practices in this context would mean that precautionary measures ought to be taken before the elections so that they are held in a transparent manner.
“Money and political interference are used in elections,” noted Justice Ahsan. “The election commission should tell us how it plans on stopping such practices.”
The chief election commissioner responded by saying that the ECP does all it can under its jurisdiction to ensure that corrupt practices are thwarted. “Action is taken before and after elections, on grievances and complaints,” said the election commissioner.
The chief election commissioner opposed the use of the identifiable ballot papers in the electoral process. While opposing serial numbers on ballot papers, the election commission chief said that the amendment to the Constitution will be required for the identifiable ballot papers in the election.
“The court is not suggesting amending any law. The Election Commission knows well what is happening,” the top judge said.
“The Supreme Court had declared any mark on the ballot paper as unlawful in the past. An identifiable ballot paper has no place in the law,” the CEC further said.
“The Election Commission has summoned a meeting to review the video recently surfaced. The Commission will decide if a forensic test of the video is necessary,” the election commissioner said.
“The Election Commission has come to know about the 2018 video now,” Justice Ijaz ul Ahsan remarked.
“The Election Commission is not interested in ending corruption from the electoral process,” the Chief Justice said.
Attorney General of Pakistan (AGP) Khalid Javed submitted his recommendations to the ECP to ensure transparency in the election.
Senator Raza Rabbani said that the recommendations from the AG will be deemed proposals from the PTI. He urged for taking all the stakeholders into confidence over the matter.
The court summoned the chief election commissioner and the members of the election commission on Wednesday with effective recommendations and adjourned further hearing of the presidential reference till Wednesday.
