ISLAMABAD: The Supreme Court halted on Thursday election process in PP-4 Rawalpindi IV with a direction not to restore the ruling Pakistan Muslim League-N’s Raja Shaukat Aziz Bhatti till the time it determined the Election Commission of Pakistan’s authority to adjudicate against a successful candidate after 60 days of issuance of a notification in this regard.

The by-election in the constituency PP-4, Gujar Khan tehsil, is scheduled to be held on Sept 17.

“We require more assistance on the point of jurisdiction of the ECP under Section 103AA of the Representation of People Act (RoPA) which has to be given a dynamic meaning,” observed Chief Justice Mian Saqib Nisar before seeking further assistance of the federal government by issuing a notice to Attorney General Ashtar Ausaf Ali since interpretation of the Constitution was involved.

The three-judge bench had taken up an appeal moved by Raja Shaukat Aziz Bhatti whose notification as a successful candidature was withdrawn by the ECP through its June 20, 2017, verdict for having a bogus Bachelor’s degree.

The ECP had intervened on a petition by retired Major Iftikhar Mehmood Kayani calling in question the candidature of Mr Bhatti, a member of the Punjab Assembly from constituency PP-4 in 2013.

The petitioner had sought from the ECP de-notification of Mr Bhatti’s notification as the successful candidate from the provincial assembly during the 2013 general elections on the grounds that he submitted a bogus degree with his nomination papers in the general elections of 2008.

In its Thursday order the Supreme Court recalled that through its earlier directions it had always approved empowering the ECP by enhancing its jurisdiction but directed the Higher Education Commission (HEC) to verify the genuineness of the testimonials of the BA degree of Mr Bhatti.

The apex court also summoned complete record of the election dispute before the ECP whereas Mr Bhatti was directed to submit original documents regarding his education qualification.

The court observed that it wanted to interpret the law in such a manner that it should become useful for all times to come.

During the hearing, Advocate Latif Khosa, while representing respondent Major Kayani, argued that the ECP should not be deprived of its jurisdiction that would only ensure purity and sanctity of the electoral process to help restore complete faith and confidence of the people in the true representative character of parliament.

This was essential, the counsel argued, for strengthening democracy so that the people of this country could be pulled from dismal poverty. Therefore, he said, he would be the last person to shut the ECP jurisdiction.

Published in Dawn, August 18th, 2017