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IHC disposes of petition seeking report from ECP over EVM use

  • September 16, 2021

ISLAMABAD   –  The Islamabad High Court (IHC) Wednesday disposed of a writ petition seeking directions for the Election Commission of Pakistan (ECP) to submit a report regarding its objection against holding of the election 2023 by using EVM.

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition filed by Tariq Asad Advocate in person and disposed of the same in limine. 

The IHC Chief Justice observed in his verdict that in case the petitioner wants to obtain copy of the objections raised by the Election Commission of Pakistan regarding the electronic voting machines, then he would be at liberty to invoke the provisions of the Freedom of Information Act, 2000. He added, “The instant petition is, therefore, accordingly disposed of in limine.” Justice Athar stated that the petitioner who is a public spirited citizen and an enrolled Advocate of the apex court, has laid great stress regarding his concerns relating to the political instability and turmoil created because of the proposal to hold elections through the electronic voting machines. 

“Political debate is an integral part of the democratic process but simultaneously it is the duty of every citizen, particularly the political leadership to ensure that the constitutional forums are respected and political debates/discussions are held in conformity with the established democratic principles of tolerance, respect for dissent and fair play. A High Court is not the proper forum for raising concerns associated with political instability, turmoil or controversies. The petitioner surely reposes trust and confidence in the Majlis-e-Shoora (Parliament), said Justice Athar.

He added that moreover, the ECP enjoys the status of a constitutional body established under Article 218 of the Constitutional of the Islamic Republic of Pakistan, 1973. Sub Article (3) of Article 218 exclusively provides that it shall be the duty of the ECP to organise and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against. It is, therefore, the constitutional duty of the ECP to ensure that the elections are conducted in a fair, honest and transparent manner. This court also has no reason to doubt that the concerns and objections raised by the ECP would not be taken into consideration by the Majlis-e-Shoora (Parliament) whenever the latter considers the proposed legislation relating to conduct of elections through the electronic voting machines.

He also noted, “The use of the electronic voting machines during elections is not an alien phenomenon because it has already been introduced in some other countries. However, the proposal is at its initial stage and that it obviously requires legislation by the Majlis-e-Shoora (Parliament) for its enforcement.”

“The concerns of the petitioner at this stage are, therefore, pre-mature and thus the grievance is based on mere apprehensions. Majlis-e-Shoora (Parliament) has yet to debate and legislate regarding holding of elections through the electronic voting machines. This court has no reason to doubt that Majlis-e-Shoora (Parliament) would not consider all the relevant matters and thereafter decide the issue in the best interest of the people of Pakistan,” maintained the IHC CJ.

In his petition, Tariq Asad advocate prayed to the court it may direct the ECP to file its report regarding its all the 37 objections against holding of the election 2023 by electronic voting machines (EVM) and/or other comments, if any, before this court so that this after hearing the parties, it may pass an order in the better interest of the country. 

Tariq Asad also requested the court to direct the federal government to allow and facilitate the Election Commission to hold the elections 2023 honestly, fairly and justly in an independent manner in accordance with law without interference in their constitutional duty. He further requested the court to suggest the federal government to hold referendum among the people of Pakistan “whether election may be held by EVM” as this is the most important national issue.

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