ISLAMABAD: The Supreme Court on Wednesday directed the Election Commission of Pakistan (ECP) to submit records regarding the controversial NA-75 Daska by-election held on February 19.
A three-member bench comprising Justice Umar Ata Bandial, Justice Sajjad Ali Shah and Justice Yahya Afridi sought records on a petition filed by Ali Asjad Malhi, who stood in the NA-75 poll on a Pakistan Tehreek-e-Insaf (PTI) ticket, against the ECP’s ruling to hold another election in the entire constituency after more than 20 election officers “disappeared”.
During the hearing, Shahzad Shoukat, counsel for the petitioner, said the election commission did not have the power to hold re-elections in the entire constituency. Justice Bandial said the ECP was bound to hold transparent elections under Article 218 of the Constitution. The counsel said the election commission could hold re-elections in the 23 constituencies which were controversial. Justice Bandial asked the counsel whether the other party had accepted the results of the other polling stations. The counsel said the Pakistan Muslim League-Nawaz (PML-N) had objected to only 23 polling stations.
According to the returning officer, the results of 340 out of 360 polling stations were not objected to, he added. He said PTI did not object to holding re-election at 23 polling stations. Advocate Salman Akram Raja, counsel for the PML-N, said his client’s request for re-polling in the entire constituency was not fixed by the Supreme Court.
Justice Sajjad Ali Shah noted that the ECP had the authority to take action without receiving a formal application, but asked on what basis the ECP authorised a re-election in the whole constituency. Malhi’s counsel said cases of firing were also filed.
In various cases, the Supreme Court had asked for re-polling at affected polling stations, he added. The court rejected PTI candidate’s plea to suspend the ECP’s order, observing that it will review the plea seeking a stay order on the upcoming by-election, after it reviews all records submitted to the court and the detailed order issued by the ECP on March 8.
The Supreme Court then sought records from the Election Commission regarding the annulment of the NA-75 election. The court also directed the PML-N candidate to submit relevant records. The hearing was then adjourned until Tuesday. In a notification later in the day, the ECP announced that the by-election would now be held on April 10, instead of the previously announced March 18.
