January 23, 2008	Wednesday	Muharram 13, 1429

ISLAMABAD, Jan 22: A citizen on Tuesday requested the Supreme Court through a petition to direct the Election Commission to announce a new election schedule after holding its decision of postponing Jan 8 elections to February 18 as stepping into president’s powers and, therefore, illegal.

In his petition, advocate Muhammad Saad Shibli, who is convener of Wukla Ehtasabi Tehrik, asked the court to declare the January 2, 2008, notification of the Election Commission of Pakistan (ECP) as having been issued without lawful authority since it was in excess of its jurisdiction and, therefore, it should announce a new election schedule.

The ECP, through January 2, 2008, notification had rescheduled the election date to February 18 in view of deteriorating law and order situation after the assassination of PPP chairperson Benazir Bhutto on Dec 27, 2007, in Rawalpindi.

The disturbances had adversely affected the pre-poll work, printing of ballot papers and a number of offices of the assistant election commissioners in different districts were attacked and torched by angry mobs.

The petitioner pleaded that the power to announce the polling date was available only to the president but the ECP wrongly relied on the provisions of Chief Executive Order No 1 of 2002 and the People’s Representation Act of 1976, which empowered the commission to have the power to issue such directions or orders as might be necessary for the performance of its functions and duties.

These provisions meant that the commission only enjoyed the power to hold fresh polls of particular polling stations where some dispute might have arisen during polling. But to determine the situation for the conducting of general elections is purely the prerogative of the president, he contended.

Therefore, he said, the commission had no power to change the date of the polls announced by the president which otherwise would mean superseding the power of the president.

He said that the commission could only put forward a request to the president to change the date of poll and, after receiving a direction of a new date of poll, it could issue a fresh schedule within the meaning of section 11 of the People’s Representation Act 1976. Therefore, he said, it was necessary that the new election schedule be announced to enable the petitioner himself as well as other citizens to contest elections.