EC chief cannot act as court and strike down any law: Pak SC
Islamabad, Sep 25: Pakistan’s Supreme Court (SC) has observed that the Chief Election Commissioner (CEC) could not act as court and strike down any law.
The nine-member bench of the SC headed by Justice Rana Bhagwandas was hearing the Constitutional petitions challenging President Pervez Musharraf’s dual offices. The apex court dismissed three of them.
The bench asked Attorney General for Pakistan (AGP) Malik Qayyum why the disqualification clauses meant for a parliamentarian’s election could not be applied to the presidential poll.
The AGP submitted that Article 244 of the Constitution didn’t apply to the presidential poll and Musharraf.
He said the questions raised by the petitioners before the court could be decided by the CEC during filing of nomination papers.
Justice Falak Sher asked if the CEC could determine the validity of Act 7 of 2004 passed by the Parliament concerning the President holding dual offices.
Justice Rana Bhagwandas asked if the CEC could determine the constitutionality of law, the AGP said that the SC in four earlier cases had settled all questions raised in the petitions.
He said the presidential poll is exempted from Articles 62 and 63 of the Constitution. Both articles deal with parliamentarians’ qualification and disqualification.
The Daily Times quoted Qayyum as saying that the decision is most likely to be pronounced on Wednesday. (With inputs from ANI)