The Islamabad High Court on Friday rejected Prime Minister Imran Khan’s plea seeking to stop the Election Commission of Pakistan (ECP) from carrying out its proceedings over its notices issued to the premier and others against the violation of the election code of conduct.
The IHC issued notices to the Attorney General for Pakistan and others and sought comments.
Planning Minister Asad Umar on Thursday challenged in the notices issued by the ECP to Prime Minister Imran Khan and others for holding a public rally in Lower Dir last Friday.
When the IHC bench headed by Justice Aamir Farooq took up the case, Barrister Ali Zafar appeared on behalf of the prime minister.
Ali Zafar argued that the ECP’s code of conduct for political parties cannot reject a law passed by Parliament.
He said that under the Election Act, a designated officer of the election commission can only slap a fine of Rs50,000 for violating the election law and rules, not to mention the violation of the code of conduct. The election officer can impose a fine only against the candidate or the party, he argued
The new February 2021 law allows the Prime Minister and ministers to address an election rally provided no development projects were announced at the rally. He said that the election commission on March 10 allowed only lawmakers to address rallies and partially followed the new law.
ECP, while issuing an order under Article 218 of the Constitution, rejected the permission granted to those holding public office in government law, Barrister Ali Zafar said.
To this, Justice Aamir Farooq asked if the election commission not issue a code of conduct under the Constitution? Does the constitutional mandate for holding free elections not include the code of conduct?
The judge asked what if tomorrow one restricts the constitutional authority of the high court to hear the writ petition by making legislation? No constitutional power can be abolished by enacting a law, Justice Amir Farooq observed
Barrister Ali Zafar said that the Supreme Court has held that the Constitution does not allow the election commission to legislate, the code of conduct does not dominate the provisions of the law,
To this, Justice Aamir Farooq said where the Constitution’s provision 218 comes, how can this law trespasses the law.
The judge asked why Imran Khan does not appear before the election commission? “The government has opened an ordinance factory superseding the Parliament’s authority.
Barrister Ali Zafar pleaded that the election commission’s order subjugating the law should be suspended or it be barred from taking any further action on the notice.
Justice Aamir Farooq said that what will happen if everyone challenges the jurisdiction of the institutions. Imran Khan’s conduct is not proper, he should have appeared before the election commission. We only issue notices.
The IHC rejected the PM’s plea and issued notice to parties concerned and the Attorney General for Pakistan and adjourned the hearing.
