ISLAMABAD, Feb 9: An exchange of legal jargon between the Election Commission and the Supreme Court (SC) over the status of by-elections held after the 18th Amendment and prior to the appointment of four EC members continued on Thursday with the commission justifying the holding of the by-polls.

The commission issued a detailed statement citing various laws to substantiate its argument that the holding of by-elections by the chief election commissioner (CEC) was not unconstitutional.

Observers saw the statement as a message to the Supreme Court and also a reaction to a demand by the Leader of Opposition in the National Assembly, Chaudhry Nisar Ali Khan, for action against the CEC for holding the by-elections.

The EC said that according to the preamble of the Constitution the state was to exercise its powers and authority through the chosen representatives of the people.

“Thus intellectual honesty demands that the issue should be looked at in its correct constitutional perspective and any invalid grounds or unfounded motives should not be attributed to any authority for holding the by-elections, nor the public representatives so elected should be deprived of the right to represent the people from their respective constituencies.”

It pointed out that when a seat in the National Assembly or a provincial assembly became vacant, an election to fill it was required to be held within 60 days from the occurrence of the vacancy in terms of Clause (4) of Article 224 of the Constitution.

“Moreover, Section 108(2) of the Representation of the People Act, 1976, read with Clauses (1) & (6) of Article 268 of the Constitution, empowers the chief election commissioner to fill such casual vacancies.”

It pointed out that candidates of six parties — PPP, PML-N, PML-Q, MQM, PML-F, JUI-F — and one independent candidate had been elected in the by-polls.

“When the Supreme Court asked this commission to find out a proper solution, the ECP issued notices to the elected representatives, conducted proper hearings and passed a detailed order upholding these by-elections.”

Citing remarks made by the Indian Supreme Court in a case in 1978, the Election Commission said the CEC also acted to keep the democratic system intact.