NA delimitations: Objections cannot be raised once election schedule is announced: SC

ISLAMABAD: The Supreme Court, on Monday, declared that the objections against the delimitations of constituencies cannot be raised once the elections schedule is announced.

The Election Commission of Pakistan (ECP) on December 15 issued the election programme pursuant to the understanding given by its office before the Supreme Court. From Sunday, the ECP resumed the training of district returning officers (DROs) and returning officers (ROs) across the country in line with the Supreme Court’s order.

A three-judge bench headed by Justice Sardar Tariq Masood and comprising Justice Syed Mansoor Ali Shah and Justice Athar Minallah, on Monday, heard the ECP’s petitions regarding objection to the delimitation of constituencies in Balochistan. The court had removed further obstacles in the way of the general elections slated for February 8.

The commission had challenged objections to two constituencies in Zhob and Shirani made by the Balochistan High Court (BHC). However, the SC set aside the BHC’s order and accepted the ECP’s appeal.

During the proceeding, Justice Mansoor said: “Challenges to constituencies have all been rendered ineffective after the announcement of the election programme.” He further said that the electoral process could not be affected to provide relief to an individual, adding they have to draw a line and set a limit in this regard.

Justice Masood said he did not understand why everyone wanted elections to be delayed. “Let polls take place,” he asserted.

Justice Minallah observed that there would be a “flood of petitions” in the top court if the Supreme Court passed an order on the ECP’s plea. “Everything else comes to a halt once the election schedule is issued,” he said, adding that the electoral body’s biggest test was to ensure fair polls on February 8. He questioned how could the court (the BHC) use the authority that lawfully lies with the election commission.

After hearing the arguments of the ECP’s counsel and the advocate general Balochistan, the bench declared the BHC’s decision, null and void.

The development comes two days after the ECP released the much-awaited election schedule, after intervention from the top court, ensuring that polls were being held on time.

On Friday, the SC had taken up a hurriedly moved appeal by the ECP against the Lahore High Court (LHC)’s suspension of the appointment of returning officers and district returning officers from the judiciary, raising concerns that polls would be jeopardized.

During the proceedings, which commenced late in the evening, the apex court had suspended the LHC’s verdict and directed the electoral body to immediately release the election schedule.

Balochistan Election Commissioner Ejaz Anwar Chohan, a day ago, said that all resources would be utilised to ensure that elections are conducted in a peaceful, free, fair, and transparent manner.

Talking to mediapersons in Quetta, he maintained that holding peaceful elections in Balochistan is a challenge and the ECP will fulfil its responsibilities effectively. He said police and other security personnel would be deployed at the polling stations, adding that the army would be called in if an untoward situation arose.

“All political parties and candidates participating in the elections would be treated equally,” Chohan had said, adding that a level playing field would be provided to all contesting parties and individuals. He had also expressed the hope that law enforcement agencies would play a key role in bringing improvement in Balochistan’s security situation.

Copyright Business Recorder, 2023