There is confusion as to whether the Election Commission of Pakistan (ECP) has the jurisdictional power of a high court while adjudicating matters relating to election related disputes however once the Elections Reforms Bill 2017 is passed in the current session of parliament, as expected, the ECP will acquire these powers.

The test case is the possible disqualification of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the foreign funding case where the ECP bench said that it has the power of a high court whereas Babar Awan, the counsel for Imran Khan, argued that the Commission has no such powers.

Babar Awan asked: "If the ECP is equal to a high court, will a full-bench conduct proceedings every day"? He added that the Constitution gives ECP a different status from the one enjoyed by the high courts. "If a full bench of the ECP gives a verdict, where will I file my appeal" he questioned.

A five-member tribunal of the ECP led by the Chief Election Commissioner has adjourned hearing of the plea of Akbar S Babar, seeking Khan's disqualification till 7 September.

Earlier, the ECP disqualified Pakistan Muslim League-Nawaz (PML-N) candidates Sumaira Malik, Malik Masood, and Nazeer Awan, returned candidates of the Khushab district council elections.

All three PML-N candidates challenged the decision of the ECP before the Islamabad High Court which set aside the ECP decision in the matter on July 7 and issued directives for re-elections for the district council in Khushab observing that the ECP does not have the jurisdiction to disqualify a candidate.

The draft Elections Reforms Bill 2017 gives ECP powers of a High Court enabling it to issue specific directions in the performance of its duties throughout Pakistan with the power to make rules without prior approval of the President or the government.

Sources said that ECP at present is only responsible for conducting fair and just elections and thereafter notifying the returned candidates. If any complaint is filed, only a tribunal of the ECP can hear and decide the matter. The tribunal's decision can subsequently be challenged before the high court. The ECP cannot directly adjudicate in election disputes, they further argue.

Former Secretary ECP Kanwar Dilshad told Business Recorder that the ECP as a constitutional body has the power of a High Court but has invariably shied away from exercising such powers. "ECP has been a submissive institution," he remarked. However, he blamed lack of clarity in laws for its submissive attitude. An official of ECP said that the ECP has been delegated powers of a High Court through an executive order 2002.

Copyright Business Recorder, 2017