SC rejects PTI request to suspend ECP decision on re-election in NA-75 constituency

(Karachi) The Supreme Court of Pakistan has rejected Pakistan Tehreek-e-Insaf's request to suspend the Election Commission of Pakistan’s (ECP) order regarding the holding of re-elections in the NA-75 Daska constituency, local media reported on Tuesday.

The three-member top court bench, headed by Justice Umar Ata Bandial, made the decision on a petition filed by PTI candidate for the NA-75 seat.

Re-election to proceed

During proceedings, Justice Bandial observed that the Supreme Court will continue to hear the case but the re-election will proceed at all costs.

He stated that the Supreme Court bench has to decide whether polling ought to be held in the entire constituency or just 20 polling stations of NA-75.

Giving arguments on the matter, the lawyer representing the PTI candidate said 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 asked whether the PTI candidate received the results for the remaining 340 polling stations. The PTI lawyer stated that the results of 14 constituencies were missing.

“The ECP gave the order for repolling [in all polling stations] on the basis of violence [in the constituency],” said PTI lawyer Shahzad Shaukat.

At this point, Justice Qazi Muhammad Ameen, member of the bench, remarked that it was the administration’s responsibility to stop violence at polling stations.

Lack of police led to violence

Justice Bandial said that a lack of police personnel led to violence in polling stations.

The PTI lawyer then argued that the ECP could not have ordered repolling through a short order, as only superior courts can issue short orders.

At this, 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.

However, Justice Mazhar Ali Naqvi, the third member of the bench, intervened and remarked that superior courts issuing short orders is just a practice, not the law.

ECP made mistake by not deploying army

During the hearing, Justice Bandial observed that ECP made a mistake by not deploying army in the Daska elections.

He noted that the ECP had relied on police for maintaining order and asked if the Punjab police chief had submitted his report on the polls.

To this, the ECP lawyer told the court that the IG had not yet submitted a report. Later, the court adjourned the hearing till March 19 and ordered the ECP secretary to explain the expenses incurred in the elections.