ISLAMABAD Election Commission of Pakistan (ECP) Wednesday filed an application in the Supreme Court seeking guidelines from apex court to take legal action against fake degree holder parliamentarians. The application filed by ECP Secretary Ishtiaq Ahmad Khan said the powers of Chief Election Commissioner (CEC) had been delegated to the ECP under the 18th Amendment, thus the CEC was unable to undertake legal action against the fake degree holder MPs. It stated that 'since the powers of the CEC have been significantly shifted to the ECP under the 18th Amendment, the CEC could not act against the MPs, who were found holding counterfeit degrees, and it was the ECP, which was to order action against such legislators. That a clarification is, therefore, humbly sought as to whether the CEC individually and independently could proceed to implement the judgements of the Supreme Court in the light of the constitutional and legal provisions, the application said. It further said, It will be in the interest of justice, if the court may clarify the position in the light of the dictum laid down by it in the case of Muhammad Akram Sheikh vs Federation of Pakistan (PLD 1989 SC 229). Reliance is also placed upon the case titled AR Antulay vs R S Navak and ANR, AIR 1988 SC 1531. It said the ECP composition has not been completed and its members have not been appointed. Resultantly, no election commission stands constituted for which a reference to the Ministry of Law, Justice and Parliamentary Affairs has already been sent on May 12,210, it noted. It said a summary for the Prime Minister for appointment of members of the Election Commission has also been moved on June 17,2010". It referred to two recent judgments of the Supreme Court - Muhammad Rizwan Gill vs Nadia Aziz and others of June 14, 2010 and Mian Najibuddin Oawaisi vs Aamir Yar and others of July 2, 2010 about the action that the court directed against bogus degree holding MPs after disqualifying Gill, member of the Punjab Assembly, and Aamir Yar, member of the National Assembly. The application quoted an excerpt from the first verdict that said, the Election Commission is, therefore, directed to imitate action against all such persons who are accused of corrupt practices; of committing forgery and of using, genuine, documents which they knew or at least had reasons to believe to be forged. The Election Commission shall ensure that the investigations in these matters are conducted honestly, efficiently, and expeditiously and shall depute one of its senior officers to supervise the same, the application further quoted the judgement. It pointed out that in one judgement, the apex court gave the directions to the ECP whereas in the other ruling the directions were issued to the CEC. It said the 18th Amendment drastically changed the powers and functions of the CEC and the ECP, and all powers earlier vested in the CEC exclusively under Article 219 have now been shifted to the ECP. It said that it is evident from the provisions of law that the ECP is empowered to initiate prosecution of persons falling within the mischief of corrupt practice considering also that Section 97 has provided that even court has to report conviction to the ECP and that the CEC cannot individually and independently proceed against such wrongdoers.