SHC orders Joint Stock Companies registrar to oversee Arts Council polls

The Sindh High Court (SHC) has ordered that the Joint Stock Companies registrar shall oversee the election process of the Arts Council of Pakistan (ACP) to ensure fair and transparent elections scheduled for tomorrow (December 20).

The direction came on a petition of Zulfiqar Haider seeking fair and transparent elections of the ACP under the supervision of the Joint Stock Companies Karachi registrar. The District South deputy commissioner (DC), who is also the election commissioner for the ACP elections, submitted that the elections were being conducted by him in accordance with the memorandum and article of Association of the ACP.

He submitted that the voters list was circulated/published on the official website of the ACP and also affixed on the notice board. He submitted that he had already convened a meeting with representatives of each panel contesting the elections and set up a code of conduct for the elections with their concurrence.

A counsel for the petitioners did not deny or controvert the position taken by the DC; however, he submitted that in the last elections, some unpleasant incidents had ensued between the supporters of the competing panels and raised some apprehensions with regard to the security and safety measures in the forthcoming elections.

He submitted that the elections must be conducted under the supervision of the Joint Stock Companies registrar. The counsel of a respondent opposed the petition and argued that the South DC was conducting the elections as per bylaws after complying with all requisite formalities and the petitioner had approached the court just to exploit the situation by levelling false allegations with mala fide intention.

He submitted that the request of the petitioner with regard to the holding of elections under the supervision of the Joint Stock Companies registrar was beyond the purview and scope of the memorandum and articles of association of the ACP.

A division bench of the SHC headed by Justice Mohammad Ali Mazhar inquired the South DC as to what security measures had been planned to conduct fair and transparent elections. The DC submitted that he would deploy police force and Rangers as well as female constables to maintain law and order and foolproof security of all members and voters throughout the elections so that no untoward or disorderly incident could take place.

The South DC also stated that he would not object if the Joint Stock Companies registrar was tasked with overseeing the elections. A provincial law officer submitted that there was no question of any personal bias against the election commissioner who was going to conduct the elections as per the mandate and responsibility conferred upon him under the bylaws of the Arts Council. The law officer raised no objection regarding the request of the petitioner’s counsel of holding the polls under the supervision of the Joint Stock Companies registrar.

The high court observed that it was apparent from a notification issued by the Karachi commissioner that the South DC had been notified as the election commissioner to conduct the elections for five office-bearers and 12 members of the governing body of the ACP for the next two years. The SHC observed that the DC was also authorised to requisite the services of assistant commissioners of all the six districts, their functionaries, including mukhtiarkars and assistant mukhtiarkars, for the smooth and peaceful conduct of the elections to be held on December 20.

After hearing the arguments of the counsels, the SHC directed the election commissioner to ensure fair and transparent elections of the ACP in accordance with its memorandum and article of association.

The high court ordered the DC to ensure foolproof security measures to maintain law and order whereas the Joint Stock Companies registrar shall oversee the election process to ensure fair and transparent polls.

The SHC observed that the election commissioner shall also attend and resolve complaints, if any, lodged in writing with regard to any mismanagement and violation of code of conduct during the elections or any irregularity by any voter/member or representative/convener of any contesting panels/candidates.

The SHC also directed that election commissioner to make sure that the Covid-19 SOPs were strictly followed by everyone during the polls.