All eyes on ECP for surprise

ISLAMABAD: Now the Election Commission of Pakistan (ECP) may come up with a surprise as it is currently deeply involved in discussions and deliberations over how to respond to the SC’s eight judges’ recent clarification in the light of commission’s own constitutional and legal authority, fresh changes made in the Election Act by parliament and opinion of legal experts.

Interestingly, Speaker National Assembly and PMLN MNAs have also approached the Election Commission with the kind of material that emboldens the ECP to take position in contrast to what the eight judges of the Supreme Court expect the constitutional body to do.

In the present situation, it is all about the numbers game in parliament. At a time when the government was all set to go for the constitutional amendments, the eight judges issued a clarification with regard to their 12th July order on special seats. The clarification was lauded by the PTI but it upset the government and ECP.

For some, the eight judges’ clarification actually preempted the government’s constitutional package, which was being introduced in the name of judiciary related reforms.

The ECP was very upset with the clarification. In its informal reaction shared with media persons, the commission, while referring to the tone and tenor of the SC’s clarification, said that it is highly unfair to treat a constitutional institution like this.

The commission is presently deliberating on the SC’s clarification and matters relating to the PTI’s party position in the national and provincial assemblies. Questions under deliberation are whether the ECP can implement what the eight SC judges had ruled even if the ruling contradicts what the Constitution envisages and oversteps the domain of another constitutional body -- the ECP.

The SC’s ruling and subsequent clarification are also seen in the light of the changes made by parliament in the Election Act. The ECP sources said that the PTI’s intra-party election issue is still not decided but the eight judges accepted Barrister Gohar Ali Khan as the chairman of PTI.

Meanwhile, in a letter written to the commission on Thursday, National Assembly Speaker Ayaz Sadiq said that the amended Election Act 2017 rendered the Supreme Court’s July 12 reserved seat ruling “incapable of implementation”.

Recently Rana Sanullah, PM’s political aide, also claimed that recent amendments to the election laws pave the way for the ruling coalition securing two-third majority in parliament.

Talking to The News, Rana Sanaullah had said that after the recent amendments to the election laws, the coalition parties are set to secure 2/3 majority in parliament. He said this would be formally done once the notification was issued by the Election Commission of Pakistan.

Rana Sanullah also insisted that the ECP was bound to act as per law and the Constitution. Following the Supreme Court’s decision in SIC (Sunni Ittehad Council) case, the ECP through a notification had suspended the membership of those ruling coalition parties MNAs and MPAs who were elected against special seats for women and minorities on the basis of ECP’s earlier decision that the SIC was not eligible to get any share in special seats quota.

In the backdrop of the recent legislation, the government parties now expect from the ECP to issue a notification for the restoration of members of the national and provincial assemblies, whose victory notifications were suspended following the SC decision.

Rana Sanaullah was of the view that parliament can legislate against any Supreme Court judgment and there is nothing in the law or the Constitution to bar the legislature from doing so. Parliament, he said, cannot legislate anything against the Constitution or Sharia.

The PM’s adviser had also said that implementation of the SC’s decision means suspending certain articles of the Constitution including Article 51 and 106. Such an order cannot be implemented, he said, adding that the recent legislation by parliament explains the legal position in the light of the Constitution. The ECP, he emphasized, is now bound to act as per the amended law and Constitution.

If the ruling coalition political parties regains 2/3 majority in parliament, then it will be able to make any amendment to the Constitution.