Jurists laud SC verdict

LAHORE – Legal experts have urged the government to cancel Senate elections after Supreme Court decision suspending membership of 28 Parliamentarians. Talking to The Nation, they opined that Senate elections would have no legal standing as the suspended Parliamentarians were not entitled to vote.  Senior advocate, A K Dogar said that though the issue of electoral rolls containing bogus voters was under consideration before the apex court but the honourable court had suspended the membership of 28 members on the basis of an incomplete Election Commission. The court in its order earlier had ordered the Parliament to protect these members through a Constitutional Amendment, failing which their membership would be suspended, he said, adding that SC decision had strengthened the impression that annulment of government decisions in conflict with the law was in true spirit of the Constitution.  Justice (Retd) Wajihuddin said that as the Election Commission of Pakistan (ECP) was incomplete since April 30th, 2010, therefore, conduct of elections under such circumstances was against the spirit of the Constitution. ‘How the by-polls could be validated when the EC was incomplete?’, he asked, and ,added, that government had failed to provide legal cover to these Parliamentarians despite the fact that court had given an opportunity to the Parliament to legitimise the by-polls through a Constitutional Amendment. Muhammad Azhar Siddique Chairman Judicial Activism Penal said:  ‘The honourable court issued the order on the basis of Article 218 and 224 of the Constitution of Pakistan that fulfils the requirement of law’.‘When the Parliament did not provide cover to the Constitutional rift in by-elections, the court was left with no other option but to suspend their membership’, he said.  He said these Assembly members were not eligible to cast their votes in coming Senate elections. The government before approaching the court should announce to cancel the Senate elections, otherwise, they would be challenged in the court of law, he added.President, Lahore Bar Association, Ch Zulfqar Ali termed the apex court decision as milestone in country’s judicial history. The decision, he said, would have far reaching effects on the electoral system. He opined that by-by-elections held under an incomplete Election Commission, could not be considered to have been conducted according to the law.

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