ISLAMABAD - The federal government Thursday opposed Pakistan Tehreek-i-Insaf's petition for verification of thumb impression in four constituencies of National Assembly.
Additional Attorney General Khawaja Saeed uz Zafar on behalf of the federal government filed a reply stating the PTI's application is not maintainable as 'jurisdiction of Election Tribunals cannot be circumvented'.
The federation's reply said the PTI Civil Miscellaneous Application (CMA) sought the re-count of votes in four National Assembly constituencies - NA-110, NA-122, NA-125 and NA-154 after verification of thumb impression. "The election petitions in consequence of Article 225 of the Constitution are already pending adjudication."
Last year, PTI through its counsel Hamid Khan had submitted an application that how the court's directions in Workers Party case judgment were flouted by the Election Commission of Pakistan and had also given details about alleged rigging in last year's general elections. The PTI has also sought 'verification of thumb impressions' in NA-110, NA-122, NA-125 and NA 154. PTI has also demanded that the officials, who were involved in elections rigging should be punished.
The reply also objected that the present plea of PTI pertains to individual disputes consequently jurisdiction under Article 184 (3) cannot be invoked as no question of public importance with reference to the enforcement of any of the fundamental rights conferred by Chapter 1 of Part 11 in involved.
The government further stated that the PTI's allegations are vague, wild, general and without any substance. The PTI allegations are false and incorrect and pertain to election petitions which are pending before the election tribunals.
In any case, they are factually incorrect, election petitions are already pending before the competent election tribunals, which would be deciding them after recording of the evidence.
Regarding the Workers Party Pakistan plea over the non-implementation of its June 8, 2012, the federal government says that the ECP being a constitutional authority its functions, powers, authority are stated in detail in part VIII of the constitution.
The judgment in Workers Party, authored by former Chief Justice Iftikhar Muhammad Chaudhry, on June 8, 2012, had given many directions to the Election Commission for taking steps in general election 2013 including make voting compulsory in Pakistan as early as possible, and monitoring of election expenses from the day the holding of election is notified. A candidate must account for all the expenses immediately after the election is over. But the ECP did not implement them.
"By virtue of Article 218 (3) the Election Commission has been ordained to organize ad conduct the elections and to make such arrangement as a necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with the law and the corrupt are guarded against. That section 107 of the representation of the People Act 1976 authorizes the commission to make rule for carrying out the purposes of the Act and section 104 authorizes the commission that it may direct any authority to do anything for carrying out the purpose of the Act," the reply states.
The government also believes that the top court's judgment should be implemented in letter and spirit and the commission should comply all the court directions.