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ISLAMABAD: The Supreme Court, on Thursday, postponed by-election in NA-75, Daska, which was scheduled for April 10.

The Election Commission of Pakistan (ECP) had declared by-poll, held on February 19 in NA-75, as void, and ordered a fresh election on March 18 which was rescheduled for April 10, in view of the Supreme Court hearing of the matter.

A three-judge bench headed by Justice Umar Ata Bandial, comprising Justice Sajjad Ali Shah and Justice Muneeb Akhtar heard the PTI candidate Ali Asjad Malhi’s petition against the ECP’s order to hold re-polling in NA-75, due to law and order situation in many polling stations.

Justice Bandial said next week this bench is not available, while Salman Akram Raja, counsel of the PML-N contestant, Nosheen Iftikhar, needed more time to conclude his arguments.

He said the ECP lawyer also had to make a submission and the petitioner’s counsel would rebut; therefore, they had to postpone the poll day (April 10).

The PTI leader filed an appeal against the ECP under Section 9(5) of Election Act, 2017, and asked the apex court to set aside its order.

The ECP on 1st March decided that re-poll in the entire constituency (NA-75 Sialkot-IV) should be held.

At the outset of the proceedings, Salman Raja filed the maps and charts related to NA-75.

He said the ECP rightly used its discretionary power to order for re-poll on 19th February because on the polling day the voters in the constituency were terrified.

He said, in Daska city, which was the stronghold of his client, 76 polling stations were set up, adding, on the polling day there were firing incidents.

Justice Bandial inquired who caused commotion and disturbance on the polling day as is said one candidate was in a strong position; therefore, he/she would not cause the disturbance?

Salman Akram argued that voting in 34 polling stations remained suspended for one and a half hours.

The voting was suppressed; therefore, the ECP was right in declaring that the commotion impacted the voting in the constituency and ordered for re-poll.

He said enough material was placed before the ECP to decide about re-polling in NA-75.

Justice Muneeb said the PML-N candidate had polling agents in 20 polling stations, whose presiding officers went missing with the ballot papers.

He asked Salman Raja what the agents said about the POs.

The counsel said according to the agents of the PML-N candidate, the POs’ departure was usual but the next day their emergence together with the election material raised concern.

Salman Raja cited various judgments of the superior courts to show that the ECP has enough power to order for re-polling in a constituency, if it feels that the commotion and disturbance impacted the voting.

The ECP has vast power and its proceedings could be treated as of an election tribunal.

He said that the ECP can decide the matter on the basis of the facts placed before it, adding, the inquiry was not the trial.

He informed that the notices were issued to the parties and the decision, after hearing them, was not made behind the door.

Justice Bandial said the ECP did not follow the minimum procedure of natural justice.

Salman Raja contended that detailed hearing was conducted by the ECP and there was no violation of natural justice as the objections were invited from the PTI contestant, on the material submitted by the PML-N candidate.

The case was adjourned for two weeks.

Copyright Business Recorder, 2021

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