ISLAMABAD - Under Article 51 (2) and Article 106 (2) of the Constitution, no person, who is a citizen of Pakistan and is not less than 18 years of age, could be deprived of exercising his constitutional right to cast his vote due to non-appearance of his name on the electoral rolls. Therefore, the Supreme Court of Pakistan is bound to ensure this constitutional right of the citizen is enforced.

In the clarification, the apex court emphasised its role in ensuring that all organs of the State including other constitutional offices and authorities function in accordance with the spirit of law and the Constitution. The statement said that the Constitution of Pakistan is very clear as far as the role of Election Commission in terms of annual preparation of electoral rolls free of all errors and holding of general as well as bye-elections for the National Parliament and the Provincial Assemblies is concerned.

Given the sensitivity of the issue and its far reaching implications for political and constitutional future of the country, late Mohtarma Benazir Bhutto initially brought this issue before the apex court as far back as the year 2007. Subsequently, the petitions of Mubasher Lucman and Imran Khan were entertained by the court keeping in view the importance of issue as it related to the fundamental rights of the people of Pakistan.

The Supreme Court of Pakistan will always entertain the petitions which directly impact the fundamental rights of the people and has the potential to affect the rule of law, the spirit of democracy and people’s right to have good governance in the country.