Civil society decides to approach Supreme Court

Reported disenfranchisement

PESHAWAR: Terming a recent decision of Peshawar High Court (PHC) a setback to women’s constitutional right to vote, the civil society organisations from Khyber Pakhtunkhwa and Fata are going to approach the Supreme Court. 

On March 10, the PHC set aside a judgment of the Election Commission of Pakistan to cancel the by-election, which had been decided for a provincial assembly constituency in Lower Dir district due to reported disenfranchisement of women there.

A division bench comprising Chief Justice Mazhar Alam Miankhel and Justice Qaiser Rasheed allowed a writ petition filed by a Jamaat-i-Islami candidate Aizazul Mulk and directed the ECP to issue a notification for declaring the petitioner as returned candidate (MPA) from the said constituency, PK-95, Lower Dir.

“We have given tasked our lawyer Asma Jehangir to file appeal in the apex court,” stated Rukhshanda Naz, a noted women rights activist and member of the Civil Society Network. Speaking to The News on Sunday, she said the appeal would be filed in a week or two in the apex court as attested copies of the judgment have been provided to the lawyer.

In the judgment, the PHC has ruled that there is no provision in the Representation of Peoples Act that the election staff would compel people to come to the polling station and cast their vote. “No person, including any voters of the area, made any complaint either on the day of election or thereafter to the election staff or the Election Commission of Pakistan,” the court observed.

The Civil Society Network and other organisations from Khyber Pakhtunkhwa, Fata, Islamabad and other cities across Pakistan, lawyers, academicians and others have expressed their protest over the Peshawar High Court (PHC)’s overturning the ECP’s decision of 2 June, 2015. The ECP had also withheld the notification of the highest polling candidate and instead ordered a fresh bye-election.

A joint statement issued by the Civil Society Network stated that the high court dismissed their applications. “This is not the first time that constitutional articles have been interpreted differently by lawyers, various tiers of the judiciary and independent commissions such as the ECP.  However, it is indeed a serious setback to the zealously attained autonomy and independence of the ECP. It could have far-reaching negative consequences for future elections or by-elections,” said Rukhshanda Naz. 

She stated that constitutional experts need to seriously discuss if the constitutionally guaranteed autonomy and independence of the ECP has been wrongfully assailed or if the ECP had overstepped its authority and jurisdiction. 

In fact, this is a vital case for the honourable Supreme Court to exercise its suo moto powers, she added.“This was a landmark case for Pakistani women’s rights activists and the PHC’s order is a big setback to the constitutional provision and protection of women’s equal rights of political participation and universal franchise and Pakistani women’s ongoing struggle for gender justice,” said Rukhshanda NazShe added that coming just two days after the euphoria of the observance of International Women’s Day on March 8, the decision was a serious blow to women’s rights.