ISLAMABAD: The Supreme Court of Pakistan (SC) has dismissed PTI’s petition to suspend the Election Commission of Pakistan’s order regarding the holding of re-elections in the NA-75 Daska constituency.
The petition filed by the PTI’s candidate for the NA-75 seat was heard by a three-member bench headed by Justice Umar Ata Bandial.
During the hearing, Justice Bandial remarked that the ECP is a constitutional institution. The SC will continue to hear the case, the re-election will proceed at all costs, he said.
“The Supreme Court respects the ECP,” observed the judge, adding that the bench now only has to decide whether polling ought to be held in the complete constituency or the 20 polling stations of NA-75 that were mired in controversy.
Meanwhile, the lawyer for PTI candidate Ali Asjad Malhi argued that Daska has 360 polling stations and more than 400,000 registered voters in the constituency. He added that PML-N candidate Nausheen Iftikhar had complained to the ECP that they had not received the results from 23 polling stations.
To this, Justice Bandial inquired whether the PTI candidate received the results for the remaining 340 polling stations.
The PTI lawyer responded saying that they were told by the returning officer that the results of 14 constituencies were missing.
“The ECP gave the order for re-polling in all polling stations on the basis of violence in the constituency,” said PTI lawyer Shahzad Shaukat.
At this point, Justice Qazi Muhammad Ameen, noted that it was the administration’s responsibility to stop violence at polling stations.
The PTI lawyer then argued that the ECP could not have ordered re-polling through a short order, as only superior courts can issue short orders.
Upon hearing this line of argument, Justice Ameen agreed with the contention and observed that since the chief election commissioner was not a judge, he could not issue a short order.
Later, the ECP lawyer came before the bench and told the judges that the Commission had changed the date for the re-election as the interior ministry had warned that the situation remains tense in Daska.
Justice Naqvi then asked the ECP lawyer if videos of the violence could be presented before the body. He also wondered how it could be determined that the videos were from that day.
“Did the ECP decide the case on the basis of the videos and WhatsApp messages?” asked Justice Naqvi.
During the hearing, Justice Bandial recalled that in the 2018 polls, his family had praised the electoral process. He added that this was because Pakistan Army was deployed during the elections to maintain order.
The ECP lawyer told the court that as per a report from the interior secretary, the polls in Daska were not peaceful. He added that as per the report, terror was spread in the constituency through firing and violence.
At this, Justice Naqvi asked, ‘which elections have been free of such incidents?’
“We can call these incidents part of our election culture,” observed Justice Naqvi. At this, the PTI lawyer agreed with the bench and said such incidents do happen in elections.
However, Justice Ameen said there needs to be an end to such incidents, asking “Will democracy work under the shadow of guns?”
The court has adjourned the hearing till March 19 directing ECP secretary to explain the expenses incurred in the elections. The bench also observed that the apex court can take action as an executive or a judicial forum.
“Elections should be transparent and free from coercion,” said the Supreme Court. It added that it was important to look at all the evidence submitted before the court.
