ISLAMABAD: The Supreme Court directed the Election Commission of Pakistan (ECP) to frame regulations as per Section 239(1) of the Election Act, 2017.
A three-judge bench, headed by Chief Justice Umar Ata Bandial, on Tuesday ordered this, while hearing an appeal of Jamaat-e-Islami (JI)’s candidate against the ECP order to hold re-poll in five polling stations of Laki Marwat’s Tehsil Serai Naurang.
The bench dismissed the appeal of the JI’s candidate, Azizuallah, against re-polling in five polling stations of Laki Marwat’s tehsil Serai Naurang. Azizullah had won the Tehsil Council Serai Naurang chairman election by 551 votes.
However, the Pakistan Tehreek-e-Insaf (PTI) candidate Hizbullah challenged it before the ECP with the prayer to hold elections in the five polling stations, as due to illegalities and violence the polling remained suspended there.
The bench noted that the Election Commission has not made regulations five years after the enactment of the Election Act, 2017 and four decades of the Representation of Peoples Act, 1976 for the conduct of extra-ordinary power under Section 9(1) of the Act 2017 and Section 13(a) of Act 1976.
It said the ECP under Section 9(1) of the Act has extra-ordinary power to interfere with the election process and the results, adding, it need to exercise the power fairly and reasons with respect to the dispute, which come before the commission.
Advocate Kamran Murtaza, appearing on behalf of the PTI candidate, contended that according to the Deputy Election Commissioner’s report the polling was stopped in three polling stations due to untoward situation and the illegalities committed, while in two polling stations there was zero voting by women.
Advocate Sardar Latif Khan Khosa, representing the JI candidate, argued that re-polling could be ordered if there is less than 10 percent vote polled by women, adding in the instant matter, there are less than 10 percent female votes polled in only two polling stations. He said if re-polling is ordered then all the opponents will gang up against his client. He said there was no violence in five polling stations.
Justice Bandial said they were looking at the material available with the ECP and not the deputy commissioner’s report.
Copyright Business Recorder, 2022
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