PTI’s appeal dismissed: SC orders repolling in NA-75 Daska

ISLAMABAD: The Supreme Court of Pakistan on Friday dismissed the appeal of the Pakistan Tehreek-e-Insaf (PT1), challenging an order of the Election Commission of Pakistan (ECP) for conducting repolling in the entire NA-75 Daska constituency.

A three-member bench headed by Justice Umer Ata Bandial heard the petition of PTI candidate Ali Asjad Malhi, challenging the order of the Election Commission of Pakistan (ECP) of February 25, declaring the by-election in NA-75 Daska void and ordering repolling. The court upheld the order passed by the ECP, ordering repolling in the entire NA-75 Daska constituency after violence had marred the by-election which had taken place in February, as firing incidents took the lives of two people and injured a few.

“We look into Constitution and law and our jurisdiction as an appellate court will pass a judgment with detailed reasons later on,” Justice Umer Ata Bandial announced in a short order after hearing the parties in the case. “On account of facts established during the course of the arguments of the parties, we cannot accept the appeal,” the court noted down in its order and held that it would lay down the principles for regulating the affairs pertaining to holding of elections in the future. The court appreciated the counsel for the parties for their assistance during the course of arguments.

Soon after the court verdict, PML-N candidate Nausheen Iftikhar termed the decision of the apex court historic, saying that it is a decision not in her favour but in favour of the people of the country. "I congratulate the people of NA-75 Daska and people across the country, who prayed for her victory and wanted the institutions to deliver justice," she told The News.

Earlier, during the course of his arguments, Mian Abdur Rauf, counsel for the Election Commission of Pakistan, submitted that nothing was mentioned in the commission’s report pertaining to organized rigging. He contended that the inspector general of police (IGP) Punjab as well as other official did not respond to repeated calls. Similarly, he submitted that the polling process remained suspended at 13 polling stations while firing incidents also took place in the constituency. He submitted that when all the clauses of the Election Act are not implemented, the election is considered null and void, adding that the local civil administration failed to provide s level-playing field during the election.

Justice Umer Ata Bandial asked the counsel to look at the meaning of level-playing field in the dictionary. “You mean that the conditions favoured one party and not the other,” Justice Bandial asked the counsel, adding that if there was unrest, the situation was unfavourable for all. Justice Bandial asked the ECP counsel that he can say that there was unrest but cannot say that there was no level-playing field. “So be careful and refrain from using the word level-playing field,” Justice Bandial told the counsel.

Shahzad Shaukat, counsel for petitioner Ali Asjad Malhi in his rebuttal, submitted that all those responsible for the disappearance of the presiding officers should be punished. He stated that it was difficult to understand the grounds on which the ECP had rejected the report by the Punjab IGP. “Without holding an inquiry by the Election Commission, ordering re-poll in the entire constituency does not make sense,” the PTI counsel contended. He gave a brief record of the victory of the PML-N in the said constituency during the past elections.

He informed the court that in the 2018 general elections, the PML-N secured 24,022 votes in NA-75-Daska City and won the election. Similarly, he said the daughter of the candidate won the election in 2019, securing 21,039 votes. The PML-N did not lose its vote bank in the constituency; hence there was no justification for it to complain against the by-poll. “Who were beneficiaries after creating that hiccups,” Shahzad questioned.

Justice Umer Ata Bandial observed that according to the Election Commission, all that happened because of administrative laxity.

The PTI candidate’s counsel submitted that the ECP noticed low turnout at 1, 2, 3 polling stations but didn’t notice the high turnout at the 4th polling station. He submitted that as per the complaint of the respondent that 20 presiding officers got missing, it should have been the responsibility of the ECP to inquire who took them. “Who took them, the angels,” the counsel questioned.

Justice Sajjad Ali Shah asked what the IGP was doing and why the police did not inform where they were? Justice Bandial observed that the election commission should pass such an order so that in the future, nobody could dare do so.

Reacting to the decision, PML-N Central Vice President Maryam Nawaz Friday said the government should be punished for stealing vote in Daska by-elections.

In her messages on Twitter, she said it had been proved that Imran Khan and his fake government robbed the people of Daska of their votes.

“It would not be just a matter of re-election; those responsible should also be punished.”

She also congratulated the people of Daska NA-75 as well as her party leaders and workers. She said congratulations to all the lions of the PML-N who not only fought the vote-stealing gang, but also guarded their votes. “Well done Daska, well done Nausheen,” she said.

Meanwhile, Special Assistant to the Punjab Chief Minister on Information Dr Firdous Ashiq Awan said the government respected the Supreme Court’s decision.

“The people of Daska have decisively rejected the PML-N’s hereditary politics but the PML-N is not ready to accept its defeat,” she said, adding that the corrupt PML-N and fake princess will face defeat every time even if elections are held 100 times in Daska.

“Despite decades of rule, the PML-N’s performance in NA-75 is shameful and unfortunately. People are still deprived of basic civic amenities hence on what grounds the PML-N is claiming victory,” she questioned.

The SACM said that following the Supreme Court verdict, the PML-N leaders were once again busy hatching a new conspiracy to win the by-election.

“The fake princess will not be allowed to befool the nation again and run away on medical grounds,” the SACM concluded.