‘Election inquiry commission violates Article 225’

Karachi
The recently promulgated General Election’s Inquiry Commission Ordinance was challenged in the Supreme Court (SC) on Monday on the basis of it being contradictory to Article 225 of the constitution.
Petitioner Moulvi Iqbal Haider submitted that the Ordinance, to probe allegations of rigging in the 2013 elections, was put into effect by the President on the demand of Pakistan Tehreek-e-Insaf (PTI) but it was contrary to the spirit of Article 225 which declares that no election could be challenged except by an election petition presented to a tribunal; it also superseded the Representation of People Act.
He maintained that according to the ordinance three judges of the SC would lead an inquiry into the matter whereas under Article 218, the Election Commission of Pakistan had the exclusive jurisdiction to commission such inquiries.
He contended that many political parties had contested the election and candidates who wanted to open an inquiry were free to file election petitions before an election tribunal, which had previously probed several petitions none of which were challenged by the respective candidates.
Citing ministry of law, justice and parliamentary affairs as respondents, the court was prayed to declare the Ordinance in violation of the spirit of Constitution of Pakistan.