SC rejects plea to suspend NA-75 re-polling

Justice Ata Bandial says ECP empowered to hold free, fair and transparent elections

ISLAMABAD - The Election Commission of Pakistan (ECP) on Wednesday rescheduled the NA-75 Daska by-elections to April 10 instead of March 18 in order to make the administrative matters foolproof and ensure transparency.

In its statement released by the Commission, the Commission said that the by-elections in NA-75 Daska were rescheduled to take appropriate measures for holding a free and fair election in the constituency.

It also said that the Punjab government had informed the ECP that all the concerned officers on district and divisional level were suspended and transferred and the newly appointed officers will need some time to line up the matters.

It must be noted that the ECP had earlier announced to hold the by-elections in Daska on March 18 as the elections held on February 19 were declared null and void due to several reports of murder, firing and harassment of the voters allegedly by the district administration.

Following the petition filed by the Pakistan Muslim League-Nawaz (PML-N) candidate Nausheen Iftikhar seeking re-election in the entire constituency, the Commission had ordered for fresh elections in all the polling stations.

It is important to mention here that the Daska elections were termed rigged and manipulated by the opposition parties after a total of 20 presiding officers in NA-75 by-elections had gone missing on the election night.

The Supreme Court of Pakistan Wednesday rejected PTI candidate’s petition to suspend Election Commission of Pakistan (ECP) order for re-polling in the NA-75 Sialkot.

A three-member bench of the apex court headed by Justice Umar Ata Bandial conducted hearing of the PTI leader Ali Asjad Malhi’s petition.

The PTI leader filed the appeal against the ECP under Section 9 (5) of Election Act, 2017 and asked the apex court to set aside its order. The ECP on 1stMarch decided that re-poll in the entire constituency (NA-75 Sialkot-IV) should be held.

After hearing the PTI leader’s petition, the apex court directed the ECP to submit a complete record of its order to void bye-polls in Sialkot constituency. The bench also directed the PML-N candidate to file the relevant record.

Appearing on behalf of the PTI leader, Advocate Shaukat Shehzad prayed to the bench to suspend the ECP order till further hearing. He argued that everyone was saying that the issue was only in 23 polling-stations.

The PTI counsel informed that after the statement of Prime Minister Imran Khan, the ECP ordered to hold election in 23 polling-stations. He questioned that on what basis the ECP had ordered for re-polling. He submitted that the ECP went beyond its constitutional jurisdiction by ordering to hold bye-poll in the whole constituency.

Justice Umar Ata Bandial said that under Article 218 (3) of Constitution, the ECP was empowered to hold free, fair and transparent elections. Justice Sajjad Ali Shah said that the Commission has authority to take action even without a complaint.

The counsel informed that the ECP on March 8 had announced detailed judgment of its short order. At this Justice Bandial said that they would examine it on next date of hearing. Shehzad said that he has no objection for adjournment and requested the court till to suspend the ECP order till that time.

Later, the bench deferred the hearing till March 16 for further proceedings in this matter.

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