ECP decries SC’s ‘unfair’ tone in clarification

ISLAMABAD: The Election Commission of Pakistan is very upset with the clarification issued by eight judges of the Supreme Court regarding the former’s queries about the July 12 short order of the apex court in the special seats case.

Sources in the ECP told The News on condition of anonymity that the Commission is a constitutional body, reiterating while referring to the tone and tenor of the SC’s clarification that it is highly unfair to treat a constitutional institution like this.

The ECP sources brushed aside the impression that the ECP has accepted Barrister Gohar Ali Khan as the chairman of the PTI. The matter relating to the PTI’s intra-party election is reportedly still under consideration of the ECP, which has not yet taken any final decision. Sources in the Commission also said that the ECP has always tried to dispose of the matter as early as possible but that the PTI has been using dilly-dallying tactics.

The sources said that in response to the SC’s July 12 short order, the ECP filed in the SC its CMA on July 25 — within the timeframe as envisaged in the law. The SC, however, issued its clarification after a lapse of two months on September 14. The sources insisted that the ECP is not responsible for any delay in the implementation of the SC’s order.

On Saturday, the Supreme Court rebuked the ECP for “adopting dilatory tactics” in the implementation of its July 12 verdict declaring the PTI eligible for reserved seats. The eight judges’ clarification warned the ECP of consequences if it failed to perform its “legally binding obligation”.

“Putting together the record placed before us [top court], and considering the same in light of the short order, leaves in little doubt that the clarification sought by the commission is nothing more than a contrived device and adoption of dilatory tactics,” the eight judges stated in a clarification.

The ECP had submitted a plea to the top court’s registrar via its secretary Omar Hamid Khan to seek an elaborated version of its July 12 order regarding the PTI-backed independent candidates in which the SC declared the former ruling party eligible for reserved seats.

Following the apex court’s July 12 ruling, PTI lawmakers in the national and provincial assemblies had submitted to the ECP their affidavits of allegiance to the Imran-founded party.

The electoral body had pointed out its records which did not authorize Barrister Gohar Ali Khan as the party chairman, questioning the legal status of the PTI’s confirmation of statements regarding the lawmakers in the assemblies by an “unauthorised person” on behalf of the party in absence of the “validly elected organisational bodies”.