ISLAMABAD: The Supreme Court on Friday once again rejected PTI’s plea to declare the Election Commission of Pakistan’s decision over re-polling in the NA-75 Daska by-elections ‘illegal’.
Supreme Court’s three-member bench, headed by Justice Umar Ata Bandial, while hearing a plea regarding the NA-75 Daska by-polls filed by a PTI leader.
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PTI’s candidate NA-75 by-poll, Ali Asjad Malhi had filed a petition in SC last month against ECP’s decision to hold re-polling in the constituency.
ECP had announced to hold re-polling in the entire constituency after concluding that ‘the election in the subject constituency has not been conducted honestly, justly, fairly and in a transparent manner’.
During the hearing, Justice Bandial noted that the ECP had ordered re-election over code of conduct violations. The ECP took its decision on the basis of a report which stated that 20 presiding officers had gone missing after the polling concluded as well as the violence witnessed in Daska on polling day, he said.
“The presiding officers switched their phones off and disappeared together. All the disappearing presiding officers suddenly appeared together in the morning. Did all the presiding officers disappear and go for breakfast?” remarked Justice Bandial.
The PTI lawyer told the bench that the ECP had declared the elections “controversial” on the basis of one DSP’s case, adding that under the Election Act’s Section 9 the ECP should have ordered an inquiry instead.
Justice Bandial said that declaring null and void was an administrative decision and that such decisions need to be taken “immediately”.
The PTI lawyer maintained that an inquiry was still needed even if it was an administrative decision.
The ECP’s director general (law) appeared before the bench and told the court that Rs10.9 million are spent on average on carrying out an election on a single National Assembly constituency.
Justice Bandial asked the ECP official to check the figure again as the expenses seemed too low.
“Rs10.9 million must be a single candidate’s expense,” observed the judge. He added that it was pertinent to know whether the elections were transparent, fair and as per the law.
In respone, the PTI’s lawyer requested the bench to declare the ECP order illegal till the trial ends but the court rejected the request.
The SC bench then announced its verdict, rejecting PTI’s plea against ECP’s decision for a second time.
Justice Bandial said there was no reason to declare the order “illegal”. He added that the bench will deliberate on what to do next in the upcoming hearing.He added that he respected constitutional institutions but the law was not followed in the Daska elections. He also wondered that if aerial firing was such a big issue that it necessitated a re-election. “ECP raised the issue of non-cooperation of police and action can be taken against police, but non-cooperation itself cannot justify re-polling,” said Justice Bandial.
