SC moved to get Election Act struck down

ISLAMABAD –  The Supreme Court on Friday was prayed to strike down the Election Act, 2017, and declare it ultra vires and violative of the constitutional provisions.

One Amna Malik filed a constitutional petition under Article 184 (3) of the Constitution through Advocate Azhar Siddique against the Election Act, 2017, making secretaries for Ministry of Law and Justice, Cabinet Division, Establishment Division and Election Commission of Pakistan, and chief election commissioner respondents.

The petitioner said The Election Act promulgated on October 2, 2017, was against articles 4, 8, 17, 25, 62, 63, 81, 171, 213, 218, 219, 221, 222, 224 and 250 of the Constitution.

The petitioner said the respondents had unconstitutionally and unlawfully attempted to make the constitutional provisions of various articles ineffective, which was unwarranted and unconstitutional, so such sections be declared ultra vires, unconstitutional and void ab initio.

The petitioner’s counsel contended that Section 202 of the impugned act was inconsistent with Article 17(2) of the Constitution and imposed unreasonable restrictions on the formation and functions of the political parties.

The petitioner contended Section 203(1) of the impugned act was violative of the Constitution and void as it allowed disqualified persons to become office bearers or heads of parties and enjoy the privilege to select candidates for elections and influence the business of the government, being the heads or office bearers of the parties.

“A comparison between Section 12(2) of the Representation of the People Act, 1974, and 60(2) of the impugned act leaves no doubt that the mandate of the people of Pakistan has been misused to provide protection to disqualified persons, loan defaulters etc. enable them to contest elections and come to power,” the petition stated.


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