ISLAMABAD:
The Supreme Court has ruled that the Election Commission of Pakistan (ECP) failed to uphold its constitutional responsibility to implement the will of the people, acting in a manner inconsistent with its obligations under the Constitution.
“It is regrettable that despite explicit directives from this court, the ECP continues to act in ways that do not align with its constitutional duties,” stated Justice Ayesha Malik in a six-page additional note in the case of MNA Adil Bazai.
Justice Malik criticized the ECP for adopting a stance that suggests it holds constitutional authority to override other constitutional institutions and disregard the fundamental right to vote. Her note was endorsed by the other two members of the bench—Justice Syed Mansoor Ali Shah (presiding) and Justice Aqeel Ahmed Abbasi—who, on December 12, unanimously overturned the ECP’s decision to disqualify Bazai under Article 63A of the Constitution for alleged defection.
The bench reminded the ECP of its critical role as the guarantor of electoral integrity, emphasizing that elections are the backbone of democracy.
“The independence of the ECP is essential for the electoral process. Without it, the foundation of democracy is compromised. This court has consistently stressed that the ECP must remain free from political influences or manipulation and serve as an impartial guardian of democracy. Any bias toward the government undermines the legitimacy of the political system,” Justice Malik noted.
She further highlighted the importance of the right to vote, which ensures that power and legitimacy in a democratic system stem from the consent of the governed. The ECP, as an independent constitutional body, is tasked with safeguarding this principle by ensuring that elections reflect the will of the people.
The bench reiterated that the ECP’s constitutional duty does not grant it overarching authority over other constitutional provisions and institutions. The court emphasized that the ECP is mandated to conduct free and fair elections and to ensure that the representatives chosen by the people remain in power as per their mandate.
