IHC disposes of petition seeking report from ECP over EVM use.

ISLAMABAD -- The Islamabad High Court (IHC) Wednesday disposed of a writ petition seeking directions for the Election Commission of Pakistan (ECP) to submit a report regarding its objection against holding of the election 2023 by using EVM.

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition filed by Tariq Asad Advocate in person and disposed of the same in limine.

The IHC Chief Justice observed in his verdict that in case the petitioner wants to obtain copy of the objections raised by the Election Commission of Pakistan regarding the electronic voting machines, then he would be at liberty to invoke the provisions of the Freedom of Information Act, 2000. He added, 'The instant petition is, therefore, accordingly disposed of in limine.' Justice Athar stated that the petitioner who is a public spirited citizen and an enrolled Advocate of the apex court, has laid great stress regarding his concerns relating to the political instability and turmoil created because of the proposal to hold elections through the electronic voting machines.

'Political debate is an integral part of the democratic process but simultaneously it is the duty of every citizen, particularly the political leadership to ensure that the constitutional forums are respected and political debates/discussions are held in conformity with the established democratic principles of tolerance, respect for dissent and fair play. A High Court is not the proper forum for raising concerns associated with political instability, turmoil or controversies. The petitioner surely reposes trust and confidence in the Majlis-e-Shoora (Parliament), said Justice Athar.

He added that moreover, the ECP enjoys the status of a constitutional body established under Article 218 of the Constitutional of the Islamic Republic of Pakistan, 1973. Sub Article (3) of Article 218 exclusively provides that it shall be the duty of the ECP to organise and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against. It is, therefore, the constitutional duty of the ECP to ensure that the elections are...