ISLAMABAD: Justice Athar Minallah of the Islamabad High Court (IHC) here on Thursday remarked that Parliament is supreme and empowered to legislate.
The judge remarked that a court cannot issue an order directing the Parliament to consult Election Commission of Pakistan (ECP) before passing a law.
Power of parliament to legislate could not be taken away, he remarked.
The Islamabad High Court bench was hearing petitions of Awami Muslim League (AML) Chairman Sheikh Rasheed Ahmad and Ammar Ziauddin who
have been seeking revival of the certain elections laws and provisions under which an aspiring election
candidate must provide detailed information about his financial resources, expenses on election campaign, dual nationality, family details, details about any pending criminal cases and loans from the financial institutions.
The Islamabad High Court bench reserved its judgment in this matter with directions to the parties to submit their written replies till April 23.
According to the petitioners, it is fundamental right of a voter to know details about the candidates to make a well informed decision but ironically all such
declarations that previously a candidate was supposed to submit before the Election Commission of Pakistan have now been removed from the election forms.
Petitioners have nominated federation of Pakistan through secretary law and justice division, secretary parliamentary affairs division and election
commission of Pakistan through chief election commissioner as respondents.
Petitioners contended that they are seeking protection of voters, democratic system and fundamental rights of the Pakistani citizens.
That the election act 2017 (EA-17) was promulgated on October 2, 2017 after the assent of the President.
That the nomination forms created under this act have omitted and or/ modified numerous declarations and entries that had been present in the previous nomination forms.
Petitioners have also prayed that the Election Commission of Pakistan may be directed to use its powers under Article 218(3) of the constitution to call for the necessary information about the particulars, antecedents, details etc of the contesting candidates through duly sworn affidavit, and declare the same to be integral part of the information form.
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