Uncertainty clouds poll prospects as ECP suspends ROs notification

ISLAMABAD/LAHORE: The Election Commission of Pakistan (ECP) has suspended its notification of appointment of executive officers as returning officers for the general election scheduled for February 8, it was learnt.

An ECP official, seeking anonymity, confirmed to The News on Thursday that the notification was suspended in the wake of Lahore High Court (LHC) decision given on Wednesday.

The ECP also stopped the ongoing training of district returning officers (DROs) and returning officers (ROs), after the Lahore High Court (LHC) order, issued late on Wednesday night, and with that the electoral process also came to a halt, apparently.

A single bench of the LHC, through its verdict on Wednesday night, suspended an ECP notification requesting returning officers (ROs) from bureaucracy for the general election on February 8, 2024, which ignited a heated debate in the country about the timely conduct of elections.

“Following suspension of the notification issued by the Lahore High Court dated December 13, 2023, the Election Commission of Pakistan has stopped the ongoing training of district returning officers and returning officers,” said an ECP spokesman in a statement, issued to the media on Thursday.

The ECP also dispatched a letter to the provincial election commissioners while referring to the LHC order, passed in Barrister Umair Khan Niazi Vs. Election Commission of Pakistan case, etc., which suspended the notifications of ECP on appointment of DROs, ROs and Assistant Returning Officers (AROs).

According to a senior official, Thursday’s development could delay the whole electoral process, as none could predict how and when the training of officers would be completed, which is followed by oath-taking of the election officers. “It is unclear whether or not the notified persons would be able to do their polls duty or any other arrangement will be put in place,” he added. He emphasized that the DROs and ROs would have to implement the election schedule, once announced.

The training for DROs and ROs, appointed for the 2024 general election, had been finalised, and 859 returning officers were being imparted training on Wednesday at their respective divisions, which was to continue till Dec 15, according to the ECP official. Also, preparations had been completed for one-day training session on Dec 16 in all the four provincial headquarters for the district returning officers. The Section 53 of the Elections Act, 2017, mandates the ECP to make appointments of DROs and ROs at least 60 days prior to issuance of the election schedule.

However, there is room in the law for deviation in ‘exceptional circumstances’ for reasons to be recorded, in which case it can make appointments simultaneously with the issuance of the election programme, which is expected within a few days. But there are chances that the election schedule may also be delayed.

Following the LHC verdict, Chief Election Commissioner (CEC) Sikandar Sultan Raja presided over a hurriedly-called consultative meeting at the Election Commission to review the situation and discussed some legal options during consultations with the legal team. The commission considered in detail the situation and the future course of action to be decided soon. “The Election Commission cannot be held responsible in any way for the current situation,” the statement emphasised.

The ECP clarified that polls would take place on February 8 and that “all preparations” have been made for the conduct of general election. “In connection with the polls, district returning officers and returning officers were appointed and their training was also under way,” the commission said, adding that training was crucial for smooth electoral process.

However, the ECP noted that the PTI challenged the appointment of officers in the LHC and, as a result, their appointments were suspended. “Following their suspension, the commission is now contemplating the situation and will soon announce a plan of action.”

The ECP rejected outright the allegations levelled by the PTI chairman on postponement of elections and termed it a failed attempt to mislead people.

“The Election Commission strongly denies the news broadcast on ARY and a few other TV channels in which sources of the Election Commission indicated to go to the Supreme Court. This news is baseless,” a clarification issued by the Election Commission said.

The statement also said, “The Election Commission of Pakistan reserves the right to take legal action against those who spread such vague news. The Election Commission of Pakistan is implementing a comprehensive plan to conduct transparent elections. In this regard, all targets are being completed on time.”

Earlier, during a news conference in federal capital, PTI Chairman Barrister Gohar Ali, who was flanked by Senator Ali Zafar, said fair elections under ROs from the district administration were not possible and remarked, “The ECP still has time to appoint DROs and ROs from the lower judiciary, if they do not want to find an excuse to postpone the elections.”

He charged that the Election Commission had made an excuse to postpone elections earlier as well, and added that the PTI had gone to the Supreme Court and took the decision of February 8, the schedule of the election was to be announced, but it was not released yet.

He urged the Supreme Court of Pakistan to ensure that the elections are held on time, as suspension of the DROs and ROs notification could not be a justification to delay elections.

Meanwhile, Pakistan Muslim League Nawaz (PMLN) leaders accused the PTI of conspiring against the upcoming general election. PMLN President Shehbaz Sharif said in a tweet the PTI petition against the election was a plan to escape from elections.

The PTI wanted political instability in the country by creating a constitutional crisis, Shehbaz said and added that the PTI would be responsible if elections were delayed.

Meanwhile, PMLN central leader Malik Ahmad Khan told the media the PTI would be responsible for delaying general election on the Supreme Court decision.

Pakistan Peoples Party (PPP) also made it clear that it wanted free, fair and transparent elections on February 8 in any case, and it would not accept any excuse to postpone elections. “We are ready for election on February 8, as elections are held even in wars. Situation in every election was not good in the past as well, but elections were held. Therefore, elections should not go beyond February 8,” said Secretary Information PPP Faisal Karim Kundi while addressing a press conference in Islamabad on Thursday.

Meanwhile, PTI senior leader Senator Barrister Ali Zafar told Geo News on Thursday that the party was likely to withdraw its petition from the LHC to the extent of stay order, which suspended the ECP notification. He said he personally felt criticism of the PTI over its petition in the LHC was justified to some extent, as the order might cause delay in general election, scheduled for February 8. However, he added, the party did not want delay in elections at all. He said a discussion was under way in the party about removal of the stay order, and hearing of the petition on merit. He said a decision in that regard would be reached soon. He said the PTI wanted elections on time, but the petition was filed fearing fair and free polls were not possible under executive officers as the returning officers, appointed by the caretaker government. However, the party was likely to seek removal of the stay order so that elections schedule was not affected.