Three top lawyers’ bodies of Pakistan—the Supreme Court Bar Association (SCBA), the Pakistan Bar Council (PBC), and Sindh High Court Bar Association (SHCBA)—on Tuesday expressed their distrust in the ability of Chief Election Commissioner (CEC) Sikander Sultan Raja to conduct free and fair polls in the upcoming general elections on Feb. 8, 2024.
In its statement, PBC Vice-Chairman Haroonur Rashid and Executive Committee Chairman Hassan Raza Pasha stressed that general elections must proceed as planned on Feb. 8, 2024, but threw a wrench in the works by voicing serious concerns over the conduct of the CEC and alleging free and fair polls could not take place under his leadership.
Emphasizing the necessity for all political parties and independent candidates to be granted a “level playing field” and equal opportunities for canvassing to ensure transparency and fairness in the electoral process, they claimed the CEC’s conduct with regards to regards to election procedures, delimitations, and seat allocations suggested polls cannot be conducted “freely and transparently.”
Citing a “glaring example” of the allocation of two National Assembly seats to Jhelum district—which they erroneously claimed was the CEC’s native district—and just one to Hafizabad, they claimed similar imbalances were witnessed elsewhere as well. “A similar imbalance is observed in the allocation of seats for district Rawalpindi. Despite its lower population compared to Gujranwala division, an additional seat has been allocated, raising questions about the transparency of the electoral process,” they said.
Maintaining the conduct of the CEC raised serious doubts about the integrity of the general elections due to an environment that “appears to lack transparency entirely,” the PBC said it cannot continue to ignore such critical matters. Calling on the Supreme Court to take notice of these discrepancies “instead of endorsing every act” of the CEC, it added: “The PBC firmly believes that the primary objective is not merely holding elections but conducting them in a free, fair, and transparent manner, providing equal opportunities to all stakeholders.”
The PBC warned it would soon convene an all Pakistan representative convention to formulate and announce a line of action and date for a lawyers’ movement in consultation with the SCBA to “ensure the cause of free, fair, and transparent general elections.” This, it claimed, was not possible in the presence of the incumbent CEC, indicating a demand for his ouster.
SCBA demands CEC’s exit
In its statement, SCBA President Shahrad Shaukat, and Secretary Syed Ali Imran, expressed their deep concern over the mounting discrepancies in election procedures, delimitations, and seat allocations, raising questions over the conduct of transparent elections under the CEC.
Much like the PBC, the SCBA demanded elections occur on Feb. 8, 2024, but said this also required a level playing field and equal opportunities for all stakeholders. Maintaining that ongoing discrepancies in the electoral process raised valid doubts about its fairness and impartiality, it asserted that elections are the “cornerstone of the democratic process” but adhering to their timeline without addressing grievances undermined stability rather than contributed to it.
Claiming failure to address such discrepancies in the past had only harmed the country and risked failure to achieve meaningful results, it said such an exercise merely imposed a burden on the public exchequer and expended valuable resources. “In order to achieve the aforesaid objectives, the present chief election commissioner should go home as under him, fair and impartial elections with equal opportunity for all, are not possible,” it added.
SHCBA’s endorsement
In a third statement issued on Tuesday, the Sindh High Court Bar Association (SHCBA) also expressed serious concerns over the CEC’s conduct regarding election procedures, delimitations and seat allocations. It reiterated claims of Rawalpindi district being allocated an additional seat despite its lower population.
“It is evident that the conduct of the CEC raises serious doubts about the integrity of the general elections, presenting an environment that appears to lack transparency and fair play,” it said, adding it supported the “concerns raised by Pakistan Bar Council.”
ECP rejection
Without naming anyone, the Election Commission of Pakistan (ECP) rejected the allegations levelled by the PBC and SCBA, issuing a statement maintaining the CEC’s native district was Sargodha and allegations of him creating additional seat in his “native district Jehlum” were baseless. It said the commission does not create additional seats to please any person and the same principle was taken into account in Hafizabad district. The ECP will not “bow to any pressure or blackmailing,” it added.
Political reaction
All major political parties have, meanwhile, rejected the demand of the lawyers’ bodies for CEC Raja’s ouster, saying the move risked delaying general elections, which was unjustifiable.
Appearing on Geo News, Pakistan Tehreek-e-Insaf (PTI) Senator Ali Zafar said that while calls for a level playing field were valid, the “timing” was flawed and the party could not support it. Pakistan Muslim League (Nawaz) senior leader Khurram Dastagir, meanwhile, said the allegations were not backed by sufficient evidence and if the lawyers’ bodies possessed it, they should bring it forward. Pakistan Peoples Party (PPP) leader Nasir Hussain Shah, similarly, rejected the statements, maintaining calls for the CEC’s removal could be used as a pretext for delaying elections.