News
Saturday, February 04, 2012
Supreme Court moved against Senate elections* Petitioner says 70 parliamentarians who will vote in polls don’t have valid degrees
Staff Report
ISLAMABAD: A petition was filed in the Supreme Court on Friday requesting the court to order halt of Senate elections scheduled for March as “about 70 parliamentarians who will be voting in the polls do not hold valid graduation degrees and thus stand disqualified”.
Mubashir Luqman, a TV anchor, filed the petition through Barrister Syed Ali Zafar under Article 184 (3) of the constitution, making the Election Commission of Pakistan (ECP) through its secretary and federation respondents. The petitioner prayed the court to direct the ECP secretary not to hold Senate elections, and rule that MNAs and MPAs who held fake degrees stood disqualified as members of national and provincial assemblies. New MNAs and MPAs should be elected in accordance with law, the petition said.
The petitioner also requested the court to order fresh by-elections on valid voter lists in 29 constituencies where “void” by-polls [under bogus voter lists] had been held. The petitioner said 29 MNAs and MPAs had been elected in by-elections, which were held under a “bogus, incomplete and invalid electoral list”.
“Any election held to the Senate on the basis of sitting MNAs and MPAs who includes fake-degree holders and those who are elected through void by-elections would, therefore, not be a valid election under the law and would lead to a blatant violation of the constitution,” the petitioner said.
He said that if Senate elections were held in March, potential senators would be elected by votes from the members of national and provincial assemblies, adding, “Many of the voters would be those who have fake degrees or who have become members of parliament on account of an invalid by-election.” He said many of the potential candidates might become senators on the basis of ineligible votes of such fake degree holders or MNAs and MPAs who had been illegally elected through by-elections. “Deserving people may not be elected senators owing to this unlawful process,” he said.
The petitioner said if the elections were allowed under the current scenario, this would mean that an “improperly-constituted Senate will become part of parliament”.
“Such a situation will be a grave constitutional deviation,” the petitioner said.
Courtesy www.dailytimes.com.pk