Top lawyers bodies want CEC to quit

ISLAMABAD/LAHORE/KARACHI: The legal fraternity on Tuesday raised questions over the ‘controversial’ role of Chief Election Commissioner (CEC) Sikandar Sultan Raja, asking him to quit, saying that under him, fair and impartial elections are not possible.

In separate statements, the Pakistan Bar Council (PBC), Supreme Court Bar Association (SCBA), Punjab Bar Council and Sindh High Court Bar Association (SHCBA) expressed their serious concerns over the conduct of the CEC regarding election procedures, delimitations and seat allocations. They said that in the presence of the CEC, elections could not be conducted freely and transparently.

The lawyers organisations underscored the need for a level playing field and equal opportunities for all stakeholders and said that transparency and fairness must be integral to the electoral process to restore the public trust.

In this respect, the PBC announced that soon an all Pakistan Representative Convention will be convened to formulate and announce the line of action and date for a lawyers movement in consultation with the SCBA.

“The aim is to ensure the cause of free, fair, and transparent general elections which is not possible in the presence of incumbent chief election commissioner of Pakistan, as it seems he has different codes for every political party or individual,” PBC Vice Chairman Haroon Rashid said in a statement.

Similarly, SCBA President Shahzad Shaukat said it was imperative to address these issues effectively to safeguard both the democratic process and national resources.

In a statement, he said that elections should be conducted in a free, fair, and transparent manner, providing equal opportunities to all stakeholders.

“However, the SCBA believes that in order to achieve the earlier mentioned objectives, the CEC should go home as under him fair and impartial elections with equal opportunity for all are not possible,” Shahzad Shaukat said.

He expressed deep concern on the mounting discrepancies in election procedures, delimitations and seat allocations, questioning the transparency of elections under the CEC. Emphasizing the imperative of holding general elections on already announced date i.e. February 8, 2024, he underscored the need for a level-playing field and equal opportunities for all stakeholders, adding that transparency and fairness must be integral to the electoral process to restore the public trust.

The SCBA president expressed concerns on the Election Commission of Pakistan’s competence in terms of rising discrepancies in the electoral process close to upcoming elections, which raised valid doubts about jeopardizing the fairness and impartiality of the electoral process.

Previously, neglecting to address discrepancies in the electoral process before the polls has not only harmed the country but also risked the failure of achieving meaningful results, imposing a burden on the public exchequer and expending valuable resources, the SCBA president maintained.

Likewise, the PBC vice-chairman asserted the crucial need for the general elections to proceed as planned on February 8.

He emphasized the necessity for all political parties and independent candidates to be afforded a level playing field and equal opportunities, ensuring transparency and fairness in the electoral process.

He expressed serious concerns over the conduct of the CEC regarding election procedures, delimitations and seat allocations and highlighted the growing perception that in the presence of the incumbent CEC, elections cannot be conducted freely and transparently.

“A glaring example is the matter of allocation of two National Assembly seats to the CEC’s own native district (Jhelum), with a population of 1,382,000 while District Hafizabad, with a population of around 1,320,000, is allocated only one seat,” Haroon-ur-Rashid alleged. He further said that a similar imbalance is observed in the allocation of seats for District Rawalpindi. Despite its lower population compared to Gujranwala Division, an additional seat has been allocated, raising questions about the transparency of the electoral process.

“It is evident that the conduct of the CEC raises serious doubts about the integrity of general elections, presenting an environment that appears to lack transparency entirely,” he added. In the light of these circumstances, Haroon-ur-Rashid said that the PBC cannot turn a blind eye to these critical matters. He stressed that the Supreme Court of Pakistan, as the highest constitutional court, must take notice of these discrepancies instead of endorsing every act of the CEC.

“The PBC firmly believes that the primary objective is not merely holding elections but conducting them in a free, fair, and transparent manner, providing equal opportunities to all stakeholders,” he maintained.

“With this in mind, the PBC will soon convene an all Pakistan Representative convention to formulate and announce a line of action and date for a lawyers movement in consultation with the SCBA,” he added.

“The aim is to ensure the cause of free, fair, and transparent general elections which is not possible in the presence of incumbent CEC as it seems, he has different codes for every political party or individual,” Haroon-ur Rashid said.

He further said that the PBC remained committed to upholding democratic principles and fostering transparency in the electoral process for the benefit of all citizens.

Separately, the Punjab Bar Council has expressed its concern over inconsistencies in constituencies, election procedure and distribution of seats by the ECP.

In a statement, council’s Vice-Chairman Basharatullah Khan and Executive Committee Chairman Asif Shahzad Chaudhry said that serious questions were being raised on the transparency of elections under the supervision of the current ECP.

“Failure to redress the grievances will not only harm the country but it also is a burden on the public exchequer and waste of valuable resources. The Supreme Court should take notice of the anomalies in each action of the CEC instead of validating it,” they added.

Meanwhile, Sindh High Court Bar Association (SHCBA) President Rehan Aziz Malik and Secretary Sarfaraz Ali Metlo said in a statement that the association fully asserts the crucial need for the general elections to proceed as per plan on February 8.

The Bar emphasized the necessity for all political parties and independent candidates to be offered a level-playing field and equal opportunities, ensuring transparency and fairness in the electoral process.

The bar leaders said that a glaring example of CEC conduct could be seen that district Rawalpindi has been allocated an additional seat despite its lower population.

They said that it is evident that conduct of CEC raises serious doubts about the integrity of the general elections presenting an environment that appears to lack transparency and fair play. The SHCBA fully supported the concern raised by the PBC in its statement.

Separately, the Lahore Bar Association also expressed its concern over the election procedures, delimitations and seat allocations.

Meanwhile, in a statement, the ECP denied that any additional seat had been created in the CEC’s district.

ECP’s Haroon Shinwari said that Sargodha district is the CEC’s native town and it has NA-82. He made it clear that no additional seat has been created in the district.

“The Election Commission expresses its inability to create an additional seat for any particular personality on one’s personal wish.

The same principle was also kept in mind in Hafizabad district,” he maintained.

The ECP, he emphasized, will not succumb to anyone’s pressure or blackmailed.

Meanwhile, the ECP started to issue nomination papers to aspiring candidates. Notices have been pasted on the office buildings of returning officers (ROs) across the country.

According to Geo News, nomination papers are also being issued for seats reserved for minorities and women. The aspiring candidates can get the papers from ROs or district election commission office concerned.

Meanwhile, three major political parties, Pakistan Muslim League-Nawaz (PMLN), Pakistan Tehreek-e-Insaf (PTI) and Pakistan Peoples Party (PPP), rejected the demand of the lawyers associations to remove CEC Sikandar Sultan Raja. Leaders of all the three major political parties expressed this while talking to anchorperson Hamid Mir on Geo News programme Capital Talk.

PTI Senator Barrister Ali Zafar said during the show that the demand for the CEC’s resignation was “justified”, but the timing was “wrong”. He said since it is the ECP’s job to conduct polls, it should be respected as an institution.

“If the ECP makes a wrong decision, then it should be criticised [...] but there is no legal standing of the demand for the chief election commissioner’s resignation,” Zafar noted.

He, however, said the ECP provides a level playing field to all political parties. “Moreover, I also don’t see the chief election commissioner stepping down himself.”

PMLN’s senior leader Khurram Dastgir said the allegations against the CEC are ambiguous, but if there is evidence to back them, it should be brought forward. “The present chief election commissioner’s tenure is till 2025,” he noted and slammed the PTI, saying that it was the party’s former chief Imran Khan, who had appointed CEC Raja when he was the prime minister.

PPP leader Nasir Hussain Shah said the removal of CEC Raja from office could become “a reason” for delaying the elections as he rejected the lawyer bodies’ demand.