ISLAMABAD: The federal government requested the Supreme Court on Thursday to dismiss a PTI application seeking directions for verification of thumbprints and recounting of votes in four important constituencies in the Punjab.

In a reply submitted before the Supreme Court, the federal government argued that the application filed by PTI Additional Secretary Saifullah Niazi was not maintainable.

The Supreme Court was hearing a complaint by the Workers Party Pakistan (WPP) over the lack of implementation of a June 8, 2012 SC judgment on electoral reforms, as well as concerns raised by PTI chief Imran Khan on results from at least four constituencies in Punjab.

These constituencies were won by Pakistan Muslim League-Nawaz stalwarts such as Khawaja Saad Rafique in NA-125 (Lahore), Siddiq Khan Baloch in NA-154 (Lodhran), Khawaja Asif in NA-110 (Sialkot) and Sardar Ayaz Sadiq in NA-122 (Lahore).

The June 8, 2012 judgment, popularly known as the WPP case, contained comprehensive and wide ranging criteria, aimed at discouraging extravagance, show of wealth, power and pageantry in the general elections.

Law officer maintains only tribunals can hear election disputes

The government’s reply, filed through Additional Advocate General Khawaja Saeeduz Zafar, stated that the PTI application suggested that the applicant was seeking a re-count of votes in the four constituencies after verification of voters’ thumb impressions.

Election petitions related to these constituencies — under Article 225 of the Constitution — are already pending before different election tribunals, the rejoinder said. Since the jurisdiction of the competent election tribunals could not be circumvented, the application was not maintainable.

Article 225 of the Constitution specifies that elections to the National Assembly or the provincial assemblies could not be challenged in any court except an election tribunal.

The government argued that the PTI’s reply was also not maintainable since it pertained to individual disputes and, therefore, jurisdiction under Article 184(3) of the Constitution, which deals with the enforcement of fundamental rights, could not be invoked.

It said the PTI’s application had raised general, vague, wild and factually incorrect allegations that were denied for want of knowledge and that would have to be proven before the competent election tribunals with solid evidence.

In its last report, the Election Commission of Pakistan (ECP) also told the court that the entire election scheme for the 2013 general elections was framed by the returning officers (ROs) and that the introduction of computerised ballots for future elections was not possible until parliament legislated on the matter.

Parliament is the ultimate authority that could decide whether computerised ballots might be used, since several steps needed to be taken before the commission could implement the use of Electronic Voting Machines (EVMs) instead of paper ballots, the report stated.

Published in Dawn, December 12th, 2014