In the last hearing, Justice Shujaat Ali Khan had directed the Secretary Election Commission of Pakistan to appear before the honourable court and respond to the proposal submitted by NADRA for online voting.
Today, the Secretary Election Commission of Pakistan was present before the Honorable Court. The working on the pilot project was initiated in October / November 2021. He informed the Court about the two ongoing developments regarding the I-voting system.
Firstly, ECP fully engages with Nadra in discussing the upgraded pilot project, which is currently being studied in totality.
Justice Shujat Ali Khan believed that ECP must explain the measures they will take to test this pilot project and its suitability. Justice Shujat also asked if this new pilot project had been tested elsewhere in the world? He further stressed that ECP should provide the Court with a time frame as to when the project will commence.
Secretary Election Commission stated that the estimated cost for the project is 2.96 Billion. ECP will need to pay 50% upfront for the start of the project. He stated that completing the project would take one year from the contract's signing. It was also brought into the court’s knowledge that the contract is also in its final stages and is ready to be signed by the relevant departments/commissions. However, he emphasized the budgetary constraints and technical glitches in this matter. ECP has upgraded the previous project and brought in new technological advancements. They also stated that the previous project saw a lot of complications; hence, the aim is that this new pilot project will not suffer the same fate and consequences. He also stated that this project could be concluded and brought into running within one year’s time.
The second development they are working on is the negotiations with Nadra; since the former pilot project was not a success, they are trying to adjust its earlier payments. The previous balance, which was worth 99 million, is still not adjusted. They have to adjust this money; otherwise, ECP is responsible to Parliament for accounts. To this Justice, Shujat Ali khan replied that the issue could be directly sent to National Accountability Bureau (NAB) in case of a payment adjustment matter, to which the Secretary replied that there is no need.
Additional Attorney General in this regard stated that he would stick to his previous undertaking in which he stated he would support ECP in all matters.
Ali Ibrahim, the counsel for the Petitioner, stated that under Article 218 of the Constitution 1973, the duty lies solely with the Election Commission of Pakistan regarding how to go about the Elections. He also reiterated Article 81, which suggests that the expenditure of Federal Consolidated Funds can be released to the Election Commission of Pakistan.
At last, the Additional Attorney General asked for time as ongoing amendments in the ECP Bill are taking place, and the new law is just around the corner. Once the law is repealed, only then there will be clarity of the position, and the contract will be made accordingly.
The judge stressed that ECP should give a Court a structure of their timeline, strategy and the plan of action that they will be adopting in the coming months in relation to the framework of the I voting system (Overseas Voting Mechanism) in the next date of hearing which is 29th June 2022.
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