Islamabad: I am directed to issue the following clarification: –
As well as statement of the Secretary, Election Commission of Pakistan as telecast by the media today, as if the Supreme Court has stayed the holding of bye-election on casual vacancies in the country.
To clarify the matter, the relevant para of the Supreme Court Order of 19th January 2012 is reproduced, which shows that the Court directed the Election Commission of Pakistan not to hold bye-election on the basis of polluted/un-verified voters list, after deleting 37, 185, 998 un-verified voters by the NADRA as per their statement before the Supreme Court dated 4th of July, 2011 in the case of Constitution Petition No.31 of 2011 (Imran Khan vs. Election Commission of Pakistan).
The Court order added that the ultimate focus should be on verified/valid electoral list in order to meet the requirement of the Constitution under Article 218 (3) which stipulates that the election should be conducted honestly, fairly and justly in accordance with law. To fully explain the matter, the relevant para of the order is reproduced below: –
“2. It has been informed that the Election Commission has announced by elections in some of the constituencies on the basis of prevailing/uncorrected/un amended electoral lists. It may not be out of context to note that on 4th of July, 2011 NADRA reported before this Court that 37,185,998 unverified voters have been removed from the data base and thereafter we have directed on the same day to the Election Commission to expedite the correction of the electoral list and a schedule for the same was also given by it but the Election Commission failed to do so.
However, the date of 23rd February, 2012 has been fixed. Therefore we direct the Election Commission and the NADRA not to hold bye-elections against the casual vacancies on the basis of polluted voter list, having 37,185,998 unverified voters as the elections of these constituencies are necessary to be held under the Constitution.
Therefore ultimate focus should be on the verified/valid electoral list for the purpose of holding the said elections and elections should be held on the basis of the same in order to meet the requirement of the Constitution given under Article 218(3) thereof which commands that the elections shall be arranged by the Election Commission honestly, justly, fairly and in accordance with law. The demand of the Constitution can only be fulfilled if there is a verified voters list free from any bogus votes etc”.
It is further clarified that election on the basis of polluted/un-verified voter list cannot be termed as just, fair and in accordance with law, as required under Article 218(3) of the Constitution. The Election Commission is free to hold bye-elections subject to what has been observed by the Supreme Court in the above order.
For more information, contact:
Shahid Hussain Kamboyo
Public Relations Officer
Supreme Court of Pakistan
Tel: +9251 920 4184
Fax: +9251 920 1001