SC moved against presidential election

ISLAMABAD (Online) - Presidential Election has been challenged before the apex Court questioning the candidacy of both contestants.

A constitution petition asked as to how a former Judge of the Supreme Court receiving pension under the Fifth Schedule of the Constitution could be a candidate for President.

Petitioner Shahid Orakzai stated in his petition that the Electoral College for the Presidential Election was still incomplete. Although two senators elected from Balochistan last week did cast their ballots, about 17 seats in the National Assembly and another 26 in the Provincial Assemblies were still vacant. The Constitution had emphasized the due constitution of the two Houses of Parliament and the Provincial Assemblies, the petitioner noted.

He said the mode and manner of the election had brazenly violated the practice of secret ballot emphasized by Article 226 and the electoral exercise had practically followed the pattern of the Prime Ministers election in where votes are cast under the direction of the Parliamentary Party. The Parliamentary Parties did hold their meetings and committees were formed to ensure optimum polling.

The petitioner recalled that after the Supreme Court changed the Schedule for the election, the Commission did not file any review petition under Article 188 nor did it make any move for constituting a larger bench to review the Judgment of a full bench headed by the Chief Justice of Pakistan.

It only indicates that the five members of the Commission, including the Chairman, are either under some sort of fear to question any error apparent in the judgment of the Supreme Court or are just unaware of Article 188, he pointed out. The lack of challenge to the word of man tends to make it equal to the Word of God which would negate the State Religion of Pakistan, he cautioned.

The petitioner said that Article 207, dealing with post retirement life of the Judges, did not permit nomination for election and participation of judges would only politicize the judiciary.

He said the CEC was authorized to persuade the retired Judge of the Supreme Court to withdraw from the race but he did not do so. None of the contestants was qualified to be elected as a member of the National Assembly and instead of following the procedure lay down in the election laws, the nomination papers were accepted on the personal information of the Presiding Officer about the candidate.

Orakzai said his petition about the qualifications of the runners would not lie if both were sitting members of the Parliament or a Provincial Assembly.

The Supreme Court was asked to restrain the Commission from notifying the result and also postpone the bye-elections scheduled for August 22.