|
|
| SC approves election, but results must wait
Muzammil Hussain |
|
| ISLAMABAD: A 10-members larger bench of the Supreme Court heded by senior judge Mr justice Javed iqbal on Friday ruled that presidential elections would be held as per schedule on October 6 (Saturday) but stopped the Election Commission of issuing official notification about its result till the final decision of the case.
The larger bench of the Supreme Court unanimously rejected request from two major Candidtes of presidential election agaiinst General Musharraf to stay the elections.
“Having heard the learned counsel for the parties at some length, it is unanimously resolved and directed that the election process already commenced shall continue as per schedule notified by the Chief Election Commissioner. But final notification of the election of the returned candidate shall not be issued till the final decision of these petitions. The main petitions shall be set down for hearing on October 17, 2007”, order of the court said.
The petitions were filed by presidential candidates Justice (Retd) Wajihuddin Ahmad ,Makhdoom Amin Fahim and civil society representative Waseem Rehan.
The ten members bench comprising Justice javed iqbal,Justice Abdul Hameed Dogar, Justice Khalilur Rehman Ramday, Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice Tassaduq Hussain Jilani, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmad, Justice Jamshed Ali and Justice Ghulam Rabbani.
Earlier, Attorney General Malik Muhammad Qayyum in his arguments said that the process of the presidential election cannot be stopped or suspended and under Article 41(6) of the Constitution the Supreme Court has no jurisdiction to interrupt the process.
He said the election for the Presidentship has to be held before the expiration of its term.
The Atorney Genral said that President to ‘Hold another Office Act 7 of 2004’ allows him to simultaneously retain two offices. He said a candidate can be excluded from the election race by rejecting his nomination papers but the court cannot postpone the election.
He said the stay in this case will bring instability in the country whereas all arrangements for the election have been finalised.
Malik Qayyum contended that national interest must prevail on the personal interest and the court should proceed further on the case.
Syed Sharif-ud-Din Pirzada, counsel for the President, while adopting arguments of the Attorney General said when election process is under way it cannot be interfered by the court. He said if the polling is postponed even for some days, it will dislocate every thing.
He said serious situation would arise in this case and one of the provincial assemblies would be dissolved.
He submitted that the apex court should take judicial notice of the situation arising in the NWFP. Wasim Sajjad, representing the Federation, submitted that the election of the President will lead to revival of complete democratic rule in the country. |
|
|