Pakistan's election rules changed to help Musharraf

PAKISTAN: Ahead of the crucial Supreme Court hearing of a petition challenging Pakistan President Pervez Musharraf's holding of dual office, the Election Commission has changed rules to enable him to run for another term in office.

Parliamentary Affairs Minister Sher Afgan Niazi disclosed that election rules were amended last week on the basis of Supreme Court judgments in 2002 and 2005 that said the disqualification clauses in the Constitution did not apply to Gen. Musharraf. Mr. Niazi said that as a subordinate court, the Commission was bound to make the required changes in the wake of the court judgments.

As per the changes, Article 63, which stipulates reasons for disqualifying a candidate for elections, cannot be invoked by a returning officer to raise objections or to reject Gen. Musharraf's candidature.

Among the clauses under Article 63 is the disqualification of a person holding a government office, and a two-year bar on government employees after retirement. The Minister said neither of these two clauses would apply to Gen. Musharraf after the notification, which has been gazetted.

In other words, Gen. Musharraf can now contest for the presidential elections while remaining the Army Chief, or even if he relinquishes the post. The date for the election is expected to be announced on September 18.

Speculation is that it may be held on or soon after October 8, the day key figures in the military are due to retire. This includes the appointments of the Army Vice-Chief and Chairman, Joint Chiefs of Staff Committee.

With the revelation about the Commission's notification, political circles are abuzz with talk that Gen. Musharraf may also announce his own retirement at the same time and appoint a new Army chief, and contest the election as a civilian. The Supreme Court's upcoming pronouncement on the issue of Gen. Musharraf's dual office is bound to impact on the proposed election.

Meanwhile Pakistan's Supreme Court began hearing petitions by the opposition against General Musharraf's plan to be re-elected as both president and chief of the powerful army.

The challenge comes days before military ruler Musharraf is expected to file his nomination papers for the parliamentary ballot - due before October 15 - on his intention to secure another five-year term.

"The hearing of the petitions has begun," a Supreme Court official told AFP without elaborating. The petitions have been filed by the fundamentalist Jamaat-e-Islami party, the outspoken cricketer-turned-politician Imran Khan, and an association of pro-democracy lawyers.

They all argue that Musharraf should not be allowed to hold his military and civilian offices at the same time.

They also oppose Musharraf's aim to be re-elected by the outgoing parliament and provincial assemblies, saying there should be a general election first.

Meanwhile opposition parties expressed outrage at the Election Commission notification amending the election rules to enable President Pervez Musharraf to run for another term in office.

The Pakistan People's Party described the notification as illegal and unconstitutional and demanded that it be withdrawn immediately. In a statement, spokesman Farahtullah Babar said constitutional amendments could be made only by Parliament.

He accused Gen. Musharraf of prevailing upon the Election Commission to arbitrarily and illegally tamper with the Constitution, and said the action was a subversion of the Constitution."

The PPP said it was clear that free and fair elections were not possible under the present Election Commission. But it was not clear in what manner, if at all, the party will oppose the President's candidature. Party Benazir Bhutto is due to arrive in Pakistan on October 18, only after the last date for the presidential elections.

The All Parties Democracy Movement, a grouping of the Pakistan Muslim league (Nawaz), the religious right wing Muttahida Majlise-e-Amal and other smaller regional parties, said it would resign from the National and provincial assemblies on the day Gen. Musharraf's nomination papers are accepted.

The announcement came at a joint press conference of APDM leaders, after a meeting of the grouping full of mutual recriminations for its inability to mobilise people for Mr. Sharif's arrival on September 10 making his re-exile all the more easier on Sunday to chart a future course of action.

Islamabad, Monday, The Hindu, AFP