No one should fancy delay in polls: CJ

ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar Monday reiterated that the 2018 general elections would be held on July 25 come hell or high water and nobody should fancy any delay in this regard.

The fresh assurance from the top judge came during the hearing of election reforms case as well as a petition, seeking restoration of clauses and sections in the nomination papers issued for 2013 general elections.

The chief justice headed a three-member bench.

The chief justice said the Supreme Court had overturned the recent judgment of Lahore High Court (LHC) keeping in view the supremacy of Parliament.

The court directed the Election Commission of Pakistan (ECP) to submit the code of conduct prepared for the forthcoming general elections as well as the previous one for 2013 with the ruling that it will examine the both in order to ensure, free, fair and transparent elections.

Last week, the Lahore High Court had annulled the nomination papers (prepared by Parliament) with the ruling that it was the domain of the Election Commission of Pakistan to make changes to the nomination papers in line with the constitution and Election Act, 2017.

The petitioners had moved the LHC, challenging the vires of Form-A and Form-B appended with the Election Act, 2017 being the nomination form for participation in the election to an assembly and the statement of assets and liabilities under the Act on the ground that the impugned forms were drafted by Parliament that was not competent to enact the same, as the competent authority was the ECP.

It was contended that the nomination forms must include information and details of income tax paid, citizenship of any other country, criminal record and the assets and liabilities of all dependents of the candidate.

The chief justice, however, last Sunday suspended the LHC decision that rejected the nomination papers drafted by the parliamentarians.

The chief justice was hearing the petitions at Lahore Registry filed by former Speaker National Assembly Ayaz Sadiq and Election Commission of Pakistan (ECP) against the LHC verdict.

On Monday, the chief justice hinted at constituting a larger bench to examine the restoration of clauses and sections of nomination papers issued for 3013 general elections.

During the course of hearing, the representative of Election Commission informed the court that in pursuance of the court order, an election code of conduct had been drafted.

The court was further told that the code was prepared in consultation with the representatives of political parties.

The court was further informed that after the enactment of Election Act 2017, the code of conduct for elections was again reviewed and redrafted for 2018 elections.

The chief justice observed that all the political parties had drafted the code of conduct with consensus and hence it could not be changed.

“We don’t want to delay the elections and reiterate that these will be held well on the scheduled time”, the chief justice said.

One Dr Zubair appeared before the court and submitted that it was the right of voters to know about the assets and liabilities of their representatives contesting the elections and hence they should disclose all their details in their nomination papers.

The chief justice asked Dr Zubair as to whether he wanted to restore the previous clauses of nomination papers, issued for 2013 elections.

‘We have suspended the verdict of Lahore High Court while respecting the supremacy of Parliament being the public representative,” the CJP remarked.

“Parliament is autonomous. What the court can do when it has already legislated on the nomination forms,” said the chief justice. Later, the court adjourned the hearing until Wednesday (tomorrow).