ISLAMABAD, Oct 17: Justice (retd) Wajihuddin Ahmed on Wednesday filed a contempt of court petition in the Supreme Court against Chief Election Commissioner Justice (retd) Qazi Mohammad Farooq for ‘flouting court orders’ by declaring results of the presidential election.
The petition filed under Article 204 of the Constitution said the results had been publicised in the media, reducing orders of the court and proceedings before it to only a ritual in the eyes of the public.
Justice Wajihuddin, who was one of the presidential candidates, said in the petition that the Chief Election Commissioner had proceeded to open the ballot boxes, count the votes and announce the results in clear defiance of the orders passed by the apex court.
The Supreme Court had on Oct 5 declined to stay the presidential election, but directed the Election Commission not to notify the results till it gave its verdict on petitions challenging the eligibility of Gen Pervez Musharraf to run for the office of president.
The petitioner said the CEC should have directed the presiding officers at the provincial assemblies not to open the ballot boxes and instead send them sealed to him in the EC office. The CEC was required to keep all ballot boxes sealed till the final decision on the petitions.
Justice Wajihuddin requested the court to summon and punish the respondent in accordance with the law. He said the CEC’s action was all the more inexcusable because he was a former judge of the Supreme Court.
He said the conduct of the CEC, both personally as well as officially, was not in accordance with his mandate and oath of office. He said the CEC’s demeanour from the very beginning was suspicious and carried bias in favour of the sitting president.Justice Wajihuddin said that an application submitted by him to the CEC seeking examination of nomination papers filed by candidates and allowing the media to witness the scrutiny had been turned down. He said he was allowed inspection of the papers one hour before the scrutiny.
The petitioner said the conduct of the pre-election process was further tainted when Prime Minister Shaukat Aziz and PML president Chaudhry Shujaat, being seconder and proposer of the president, sat with the CEC across the bar in the space reserved for the CEC and his staff. It was only after a protest that the prime minister along with Chaudhry Shujaat proceeded to cross the bar to occupy seats with lawyers and members of the cabinet.
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