ISLAMABAD, Jan 7: The Election Commission of Pakistan on Tuesday postponed the Senate elections until Feb 24 and 27, for the provinces, and the Federally Administrated Tribal Areas and the federal capital, respectively.
Chief Election Commissioner Justice Irshad Hasan Khan announced the revised schedule for Senate elections.
Earlier on Dec 31, the president had approved Feb 4 for polling while the process was to start with the submission of nomination paper from Jan 8.
According to the revised schedule, the filing of nomination papers by the candidates with the returning officer would start on Jan 8 and end on Jan 15. Scrutiny of papers would be done from Jan 16 to 18. Appeals against the nominations could be filed on Jan 20 and such appeals would be disposed of on Jan 23.
The last date for withdrawal of candidature is fixed at Jan 24 and the final list of candidates would be published on Jan 25.
The polling for elections from Punjab, Sindh, the NWFP and Balochistan would be held in the buildings of provincial assemblies on Feb 24. The polling would be held from 9am to 4pm. The polling from the federal capital and Fata would be held on Feb 27 in the National Assembly building, Islamabad.
The revised schedule was announced keeping in view the flight schedule issued by the PIA for carrying the intending pilgrims to Saudi Arabia.
According to an ECP press release, instructions are also being issued to the religious affairs ministry for according priority to those members of provincial assemblies and prospective candidates for their journey home who have filed nomination papers and intend to proceed to Saudi Arabia for performing Haj, provided they intimated this fact to the ECP secretary by Jan 17, giving details of the flights.
APEX COURT NOTICE: Meanwhile, the Supreme Court on Tuesday issued notice to the CEC to explain if there was any chance of alteration in the schedule for holding of Senate elections.
Abdul Hafeez Pirzada, counsel for petitioner Javed Jabbar, stated that if the government did not modify the law barring those defeated in general elections, the Legal Framework Order would come under discussion.
A five-judges bench, headed by Chief Justice Shaikh Riaz Ahmad, took up the petitions filed by the Millat Party through Mr Jabbar and Ayub Khattak, a
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Senate elections put off until PML(Q) leader from the NWFP. They have challenged Article 8AA of the Conduct of General Elections Order 2002, barring those defeated in general elections to vie for the Senate.
The petitioners have questioned the vires of the Article 8AA on the grounds that it was promulgated at the time when the chief executive had lost his legislative power and it was issued without authority. The amendment to the Election Order was issued after Oct 12, 2002.
Mr Pirzada said he was astonished to see what the government was doing as one ally of the government, the Millat Party, was before the court.
The counsel stated that all acts of the military government, would be subject to validation by parliament.
He said it was not possible for any individual to indemnify his own actions and for such indemnification, the only available institution was parliament which was not yet complete.
The previous military ruler, he recalled, had also said that his actions were not subject to validation but ultimately, those were examined by parliament and validated in the form of the 8th amendment.
Mr Pirzada said parliament was not complete as elections to the upper house had not been held.
The counsel said that if the restriction on those who were defeated in general elections was not lifted, the whole Legal Framework Order would come into discussion.
He said he would not be able to argue the case with attacking the LFO.
There were certain parts of the LFO, which were good like joint electorate, lowering of voters’ age, and local government but the remaining part was not good, he said.
He said if the government insisted that the LFO was a substantive part of the Constitution, then there was no difference between the martial law of Gen Ayub Khan and of the present dispensation.
