ISLAMABAD: The presidential ordinance allowing voting rights to overseas Pakistanis and use of electronic voting machines has been challenged in Islamabad High Court by Pakistan Muslim League-Nawaz MNA Mohsin Shahnawaz Ranjha through advocate Umar Gilani.
President Dr Arif Ali, the principal secretary of prime minister, ECP secretary and law and justice ministry secretary have been made respondents in the plea.
Ranjha in his plea has pleaded with the court to declare the ordinance, allowing voting rights to overseas Pakistanis, null and void. ”The government has become habitual of issuing presidential ordinances.”
The petitioner further prayed that according to media reports, the government issued a one-page ordinance on May 9 without taking public representatives into confidence over this important legislation.
“The government has promulgated more than 54 presidential ordinances since September 24, 2018. Issuing ordinances has become a norm [in this country] which is depriving public representatives of the right to legislate,” the petitioner argued.
Issuing ordinances is the right of the president but that right can only be exercised in emergency situations, Ranjha said in his plea and urged the IHC to order binning the ordinance.
To issue ordinances without the existence of an emergency situation would be tantamount to disrespecting the parliament, he said.
“In the PMDC case, the IHC had clarified the circumstances under which a presidential ordinance may be issued,” the petitioner added.
On May 8, President Alvi had promulgated the Election (Second Amendment) ordinance 2021, allowing voting rights to overseas Pakistanis.
According to the ordinance issued by the president, changes were made to section 94 (1) and section 103 of the Election Act 2017.
The amendments would help in ensuring that overseas Pakistanis vote during the next general election.
The federal cabinet on May 4 approved two ordinances regarding the use of EVMs and voting rights for overseas Pakistanis.
