PTI lawyer files reference against ECP in SJC

ISLAMABAD: A reference has been filed in the Supreme Judicial Council (SJC) on Wednesday praying for removing members and staff of the Election Commission of Pakistan (ECP) for being “guilty of misconduct” by way of rigging and malpractice in conducting the unfair general election in 2013.
Gohar Nawaz Sindhu of the Pakistan Tehreek-e-Insaf (PTI) Lawyers Forum, in his individual capacity, filed the reference under Article 209 of the Constitution for disqualification of the responsible members of the ECP. He has made members of the ECP as well as the four provincial election commissioners respondents. He questioned as to whether the flaws, illegalities and irregularities observed in the Judicial Commission Report 2015 on General Elections 2013 could cause disqualification of the responsible members of the ECP.
He submitted that the rigging, maladministration and irregularities were committed during the 2013 elections and in this regard, many complaints and protests from the general public and political parties were filed and launched against the general elections 2013 conducted by the ECP.
He further said that the ECP in its post-election review report made on December 9, 2013 had admitted flaws, irregularities and rigging and thereafter such allegations have also been observed by the Judicial Commission of Pakistan 2015 in its report.
Similarly, he submitted that the Election Tribunal declared the general elections in NA 125 and NA 122 as null and void after detailed and thorough trial and found many irregularities on the part of ECP which calls for disqualification of its members.
He contended that Article 218 (3) of the Constitution envisages that it shall be the duty of the ECP to organise and conduct the election and to make arrangements as are necessary to ensure that elections are conducted honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against.
Since elections 2013 have not been conducted fairly and in accordance with the law and ECP failed to perform its constitutional duty hence, members and staff of the ECP are guilty of misconduct and are liable to be removed from their offices, Sindhu concluded.