CJP orders hearing of pleas challenging Election Act 2017

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar on Wednesday dismissed the objections raised by the Registrar's Office on identical petitions filed with the Supreme Court, challenging the Election Act 2017, and directed to fix these pleas before a bench for hearing.

Some nine petitioners, including Pakistan Tehreek-e-Insaf Chairman Imran Khan, Sheikh Rasheed Ahmed of Awami Muslim League, Syed Nayyar Hussain Bukhari, Secretary General of Pakistan People's Party, as well as PPP MNA Jamshed Dasti and Pakistan Justice Party, had challenged in the Supreme Court the Election Act 2017, a controversial election law enacted by parliament last month, enabling a disqualified person to head a political party.

The Registrar's Office of the apex court, however, had raised objections over these petitions, directing the petitioners to approach the relevant forum. The petitioners, later on, filed an appeal against the objections, on which the CJP on Wednesday took up these appeals in his chamber and after hearing the arguments of the counsels for the petitioners, dismissed the objections of the Registrar Office and directed it for fixing these petitions to a bench of the apex court.

The chief justice said that it will be for the bench to decide as to whether the instant petitions were maintainable or not. The National Assembly on Tuesday last did not allow consideration of the Elections (Amendment) Bill 2017 as the opposition’s motion suffered a defeat with 163 to 98 votes.

Through the Elections (Amendment) Bill 2017, the opposition wanted an amendment in Section 203 of the Elections Act, 2017, which says that a person shall not be appointed or serve as an office-bearer of a political party if he is not qualified to be, or is disqualified from being elected or chosen as a Member of Majlis-e-Shoora (Parliament).

The Election Bill 2017 commonly known as electoral reforms bill was approved by the Senate and subsequently signed into law by the president on October 2. Section 203 of the Electoral Reforms Bill 2017 allows every citizen, except for government servants, to form a political party or become its office-bearer.

Challenging the said election law in the Supreme Court, Imran Khan had prayed the apex court to declare all those provisions including sections 9, 10, 203 of the Election Act 2017 are non-est which are ultra vires of the Constitution.

He had also prayed the apex court to declare that the repeal of Political Parties Order 2002 and the Conduct of General Election Order 2002 through Election Act, 2017, Act No XXIII is ultra vires of the Constitution.

Likewise, Sheikh Rashid in his petition had prayed the apex court to declare that Mian Muhammad Nawaz Sharif as the party head of PML-N to be unconstitutional, unlawful, void ab-inito and of no legal effect, while annulling the same.

He had further prayed the apex court to declare that Sections 203 and 232 of the Election Act 2017 and the deletion of Khatam-e-Nabuwwat oath through the said Election Act 2017 to be completely without jurisdiction unconstitutional, malafide, void ab-initio and of legal effect.

Similarly, Syed Nayyar Hussain Bukhari, Secretary General of PPP while challenging the Election Act 2017 prayed the court to declare the provisions of Section 203 of the Election Act 2017 as subject to the trappings of Article 62 and 63 of the Constitution and being contrary to the spirit of fundamental rights sanctified by Article 9, 14 and 17 of the Constitution.

He had prayed to declare the election of Nawaz Sharif as President of PML-N as ultravires of Article 2-A, and direct the Election Commission of Pakistan to remove his name as head of PML-N from the enlisted political parties notified list.