How to declare the law related to the vote of overseas Pakistanis unconstitutional, Supreme Court

Islamabad: The Supreme Court also directed the Election Commission to submit a progress report on the right of overseas Pakistanis to vote.

A three-member bench headed by Justice Ejazul Ahsan heard the case related to granting voting rights to Overseas Pakistanis. The petitioner’s lawyer Arif Chaudhry said that the Election Commission has stopped the issue of voting by overseas Pakistanis.

Justice Muneeb Akhtar inquired that the High Court had dismissed the petition on the amendments to take the right of overseas Pakistanis. Parliament enacted the Election Act in 2017 and Section 94 of the Election Act is clear regarding the right of overseas Pakistanis. The Supreme Court declared Section 94 constitutional in 2018. In the year 2021, the law was further improved. In 2022, Parliament brought it back to the old level, so how can you say that this return is unconstitutional.

Justice Muneeb Akhtar said, “How can the Supreme Court declare the law unconstitutional now?”

The petitioner’s lawyer said that according to NADRA, if the Election Commission signs an agreement, they can create an i-voting system in one year. No objection was raised on the pilot project in the year 2017, the Election Commission has not conducted any pilot project so far.

Justice Ijaz-ul-Hassan said that you have requested to declare the law related to the right of overseas vote null and void.

Justice Muneeb Akhtar said that the petition filed for the violation of fundamental rights should be clear, does any constitutional provision prevent the Parliament from restoring the law in its original state? Come prepared for court questions.

The court adjourned the hearing of the case for an indefinite period.

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