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ISLAMABAD: Chief Justice Iftikhar Mohammad Chaudhry said on Tuesday that the Supreme Court could not ignore the people's mandate and it wanted the democratic system to continue functioning.
A bench comprising the chief justice, Justice Tariq Parvez and Justice Amir Hani Muslim was hearing a petition by Pakistan Tehrik-i-Insaf (PTI) chief Imran Khan questioning the electoral rolls on the basis of which the 2008 general election had been held. The petitioner pleaded that the rolls contained bogus entries.
At the last hearing, the court had asked the government to find solution to a constitutional crisis that had emerged because of the election of several parliamentarians and provincial legislators through an incomplete Election Commission that did not meet the criteria set by the 18th Amendment of the Constitution.
The amendment envisages a permanent commission comprising the chief election commissioner and four former high court judges as members. Preparation of electoral rolls and the conduct of elections to the Senate or to fill casual vacancies in the National Assembly and the provincial assemblies is also the responsibility of the commission.
The court said that in case no solution was suggested, it would be bound to pass an order to save the system from further erosion and ensure that all the organs of the state followed the Constitution.
On Tuesday, the bench referred the matter to the newly formed Election Commission to determine the status of the legislators elected after the 18th Amendment. It sought the commission's view within two weeks.
Earlier, Attorney General Maulvi Anwarul Haq informed the court that the composition of the commission had been completed as the four members had been sworn in.
The commission is also scheduled to look into the matter of PML-Q's unification bloc.
Advocate Naseer Ahmed Bhutta, a PML-N legislator, suggested that only a constitutional amendment would settle the status of those elected since the amendment.
Federal cabinet members Hafeez Shaikh and Dr Asim Hussain are among three senators, nine MNAs and 11 MPAs elected in by-elections held by the incomplete commission.
