Summary Election Commission cannot be reconstituted at the insistence of any unrepresentative group.
ISLAMABAD: The Supreme Court was Monday asked to restrain the Federal Government from any further negotiations with Dr. Tahir-ul-Qadri.
The Court was informed that the two sides were to hold another round of talks on January 27 for re-constituting the Election Commission for which the Federal Law Minister has been asked to consult some senior advocates of the Supreme Court as well.
The apex court may therefore instruct its advocates not to engage in any such exercise that seeks to alter election laws.
The court was informed that an agreement signed by the PM with Tahirul Qadri had reportedly extended the given period of 60 days for holding the general elections, as per Article 224, to 90-days.
Further the time required for scrutiny of nominations had also been extended beyond the period specified in the Representation of People Act, 1976.
An application filed Monday said the federal government had no concern with Articles 62 and 63 which were the domain of the Election Commission.
The applicant asserted that the Constitution does not allow any referendum on the streets and the Election Commission cannot be re-constituted to suit a group of people.
The applicant said the agreement, although signed by the prime minister, was not yet approved by the federal cabinet and the court shall ask all organs of the state to strictly follow the prescribed course of action in relation to elections and not be swayed by the agreement.
Applicant Shahid Orakzai pointed out that a religious study circle called Tehrik-e-Minhajul-Quran had no constitutional status to rewrite the election laws or even “overseeing the election as an observer”.
He noted that the cabinet was responsible to the Senate and the National Assembly and not to any political or non-political body outside the Parliament
The applicant said his advance caution about the likely subversion of the Constitution on January 27 shall be placed before the Chief Justice of Pakistan before the sundown.
The court was requested to declare the declaration of the long march of no legal effect in relation to forthcoming elections.
