SC orders re-election on Balochistan assembly seat

ISLAMABAD: The Supreme Court (SC) on Monday ordered re-election in Balochistan Assembly constituency PB-50 Qila Abdullah and directed the Election Commission of Pakistan (ECP) to ensure transparent election in accordance with the law and Constitution.

A three-member SC bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan, heard a petition, filed by Zamrud Khan of the Awami National Party (ANP) against the ECP decision. The Election Commission had ordered re-polling at six polling stations of PB-50 in Balochistan.

The petitioner won the recent election from the said constituency; however, his opponent Malik Nawaz of Jamiat Ulema-e-Islam (JUI) and Mirwaiz Achakzai of Pakhtunkhwa Milli Awami Party challenged the results in the Election Commission. The ECP ordered re-polling at six polling station, which was challenged by Zamrud Khan in the SC. The court, with the consent of parties, ordered re-election in the entire constituency after annulling the ECP decision.

During the course of hearing, Waseem Sajjad, counsel for Zamrud Khan, submitted that the ECP had declared suspicious 99 per cent turnout at six specific polling stations and had ordered re-polling there. The counsel contended that 99pc turnout was seen at many polling stations in the constituency, and there was no order for re-voting there.

He admitted that the turnout was unrealistic at many polling stations, but re-polling was ordered only at those polling stations where his client was declared successful.

Waseem Sajjad submitted that the successful candidate had also taken oath, but the ECP suspended his notification.

Counsel for the JUI candidate, however, told the court that there was a contradiction in the petitioner’s Forms 45 and 47.

At this, CJP Qazi Faez Isa said the court should not be dragged into such minute things, adding that election tribunals had been formed against the decision of the Election Commission, hence the tribunal should be approached.

“The court cannot sit and hear 400 election cases,” the CJP remarked and suggested that if the parties agree, the court would order re-election in the entire constituency. Later the court ordered re-election at entire PB-50 Qila Abdullah.