• Contempt, treason petition filed against backers of Jan 5 move seeking poll delay
• JI Senator Mushtaq introduces counter-resolution to hold elections on time
• Dilawar, who tabled Friday’s resolution, insists he acted independently
• PPP likens delaying polls to ‘emboldening terrorists’
ISLAMABAD: The passage of a controversial Senate resolution a day ago seeking election delay prompted a flurry of activity on Saturday, with an individual petitioning the Supreme Court to declare the motion illegal and act against its backers, and a senator filing a counter-resolution for timely polls.
Meanwhile, the proponents and critics of the Jan 5 resolution also defended their positions, citing reasons why the upcoming elections should or should not be held on the scheduled date, i.e. Feb 8, 2024.
In his petition filed on Saturday, Advocate Ishtiaq Ahmed Mirza urged the Supreme Court to initiate contempt of court and treason proceedings against the proponents of the Senate resolution, which called for the postponement of elections due to security and weather concerns.
He urged the apex court to direct the Election Commission of Pakistan (ECP) to adhere to the previously announced election schedule instead of being prejudiced by the Senate’s resolution.
The disputed resolution was introduced on Friday in a thinly attended Senate session by independent Senator Dilawar Khan and received support primarily from the Balochistan Awami Party (BAP) senators.
However, it also appeared to have the tacit support of some other parties, and the absence of lawmakers from mainstream political parties raised several questions.
The Senate resolution is not binding and does not necessarily mean elections will be further delayed. Still, its passage was roundly criticised by various political parties and observers.
In his petition, Mr Mirza, who is also a candidate in the upcoming elections from Rawalpindi’s NA-57 and PP-18 constituencies, implored the Supreme Court to declare the Senate resolution illegal, unconstitutional and void from the outset.
The petition names Senate Chairman Sadiq Sanjrani and senators Dilawar Khan, Manzoor Ahmed, Ahmed Khan, Gurdeep Singh, Hidayatullah, Hilalur Rehman, Kamil Ali Agha, Kauda Babar, Mohammad Abdul Qadir, Naseebullah Bazai, Prince Ahmed Umer Ahmedzai and Sana Jamali.
The petitioner argued that the respondents’ actions contravened the Constitution’s provisions related to general elections.
He contended that these actions amounted to treason under Article 6 and warranted contempt of court proceedings under Article 204, particularly in light of the Supreme Court’s Dec 15 verdict ordering the Election Commission to notify the schedule for the Feb 8 polls.
Mr Mirza asserted that the resolution reflects a fundamental misunderstanding of the Constitution by its proponents.
“It is regrettable to assert that the resolution inherently signifies malicious intent and hidden motives on the part of the respondents aimed at undermining the purported democratic process within the country,” he argued.
The petition also underscored the respondents’ alleged attempts to influence the ECP to delay the elections.
Mr Mirza emphasised his constitutional right to participate in the elections and alleged that the respondents’ actions infringed upon this right, violating relevant constitutional articles and provisions of the Elections Act 2017.
Counter-resolution
Meanwhile, a counter-resolution was submitted in the Senate on Saturday, emphasising the need to adhere to “constitutional requirements” and ensure the timely conduct of the polls, Dawn.com reported.
Senator Mushtaq Ahmad Khan of Jamaat-i-Islami submitted the resolution to the Senate secretariat, urging that polls be conducted on time.
However, the inclusion of this new resolution in the agenda of the upcoming session of the Senate remained uncertain, as the date for the session could not be immediately confirmed.
“I introduce this resolution in the house, asserting that conducting elections is a constitutional requirement. It is the fundamental responsibility of the Election Commission of Pakistan and the caretaker government to ensure the timely holding of elections,” the draft of the resolution submitted by Mr Ahmad read.
It said a Supreme Court verdict on polls was in the field, while the ECP had also announced that elections would be held on Feb 8, 2024.
Mr Ahmad termed the resolution passed on Friday by the Senate as “unconstitutional and undemocratic”.
His resolution emphasised that the Senate lacked the authority to act contrary to constitutional mandates. “Therefore, this resolution calls for the insistence that free and fair elections be conducted in accordance with the directives of the Supreme Court of Pakistan,” it asserted.
The resolution further called for ensuring a level playing field for all political parties. It urged the nullification of the resolution passed by the upper house.
Dilawar says acted independently
On the other hand, Senator Dilawar Khan, who submitted Friday’s controversial resolution, said on Saturday that the resolution seeking to delay elections was legal and according to constitutional provisions.
Talking to journalists at the Mardan Press Club, he clarified that no one had pointed out the quorum in the house at the time of the resolution’s passage.
He said that a senator hailing from Gwadar had told him before the resolution’s presentation that conducting election campaigns was impossible due to the security situation in the area.
Besides, JUI-F chief Maulana Fazlur Rehman had also expressed reservations about holding general elections amid severe cold weather and increasing militant attacks, Mr Dilawar said.
He claimed that a sufficient number of senators were present in the house when the resolution was presented.
Separately, talking in Dawn News programme ‘Doosra Rukh’, the senator denied that he had presented the resolution for poll delay at someone’s direction.
He said the resolution wasn’t introduced abruptly, adding that extensive consultations had taken place on the matter with the Balochistan Awami Party. “The resolution was put forward following a consensus within the BAP,” he emphasised, adding that no party had opposed the resolution aside from PML-N.
PPP, PTI seek timely polls
Meanwhile, PPP Senator Taj Haider said those seeking to postpone the election were demoralising the entire nation and encouraging and emboldening “terrorists”.
“This nation, its Constitution and its democratic system could not be held hostage by small terrorist groups. Democracy and terrorism cannot coexist,” Mr Haider said in a statement, blaming the past PML-N and PTI governments for the re-emergence of militancy.
“Let the discussion on any kind of postponement of the electoral process be buried forever and let the Constitution and democracy prevail,” he said.
Separately, erstwhile PTI chairman Barrister Gohar Khan said his party strongly rejected Friday’s “undemocratic” resolution, which he said had no legal binding and value because it was based on the senators’ personal opinions.
Speaking to reporters in Islamabad, he called upon the Supreme Court and Chief Justice Qazi Faez Isa to ensure the enforcement of the court order and remove all obstacles to the holding of free, fair and transparent general elections as scheduled.
Syed Irfan Raza and Ikram Junaidi in Islamabad and Muhammad Jamal Hoti in Mardan also contributed to this report
Published in Dawn, January 7th, 2024
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