ISLAMABAD - The Supreme Court of Pakistan will hear Pakistan Tehrik-i-Insaf (PTI) leader and a contestant of by-polls for National Assembly (NA) seat Ali Asjad Malhi’s petition seeking court’s directions to set aside Election Commission of Pakistan (ECP) order to hold fresh election in NA-75 Sialkot on March 16 (Tuesday).
A three-member bench of the apex court headed by Justice Umar Ata Bandial will conduct hearing of the PTI leader Ali Asjad Malhi’s petition wherein it had already rejected his request to suspend Election Commission of Pakistan (ECP) order for re-polling in the NA-75 Sialkot.
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 1st March decided that re-poll in the entire constituency (NA-75 Sialkot-IV) should be held.
After hearing PTI leader’s petition on the last hearing, the apex court directed the ECP to submit 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 stating 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 by-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 PTI counsel said that the Pakistan Muslim League-Nawaz (PML-N) candidate had also raised objections only on 23 stations. He contended that according to the Returning Officer out of 360 polling stations the objections were raised about 20 stations. He said that there are many judgments of the Supreme Court that the elections in case of dispute should be held only in the affected polling stations.