SC dismisses PHC’s order to suspend RO substitution for PK-91 Kohat-II

ISLAMABAD: The Supreme Court dismissed the Peshawar High Court (PHC)’s order to suspend the substitution of a returning officer (RO) for a provincial assembly constituency – PK-91 Kohat-II.

A three-judge bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, on Tuesday, heard the Election Commission of Pakistan (ECP)’s appeal.

During the proceeding, the chief justice remarked that it appears some tactics were ostensibly being employed to avert the elections.

Afnan Karim Kundi, appearing on behalf of the ECP argued that the single bench of the PHC suspended the RO on December 27 without notifying the commission. He informed that the RO himself had sought leave on medical grounds, and the PHC did not write anything against the new RO in its order, the lawyer added.

The chief justice asked the complainant if he wanted to get an RO of his preference appointed. He maintained that one RO fell ill while another was appointed and the PHC cancelled the appointment at the stroke of a pen.

“Should we not fine you for the cancellation of appointment without a notice? The PHC judge did not even consider issuing a notice,” he wondered what kind of orders being passed by high courts.

Kundi said the scrutiny process was stopped after the PHC issued the order on December 27. He said nomination papers of 31 candidates were submitted. The CJP said he would issue an order to continue the scrutiny then. “Do you want to halt the elections,” he asked.

The court observed that the commission changed RO from PK-91 on explainable basis and the ECP did not conduct any illegal or unconstitutional measures. The commission should immediately begin the scrutiny process, the CJP said.

The ECP on December 28 through Advocate Afnan Karim Kundi had filed an appeal in the apex court against the high court ruling, suspending the commission’s order regarding appointment of Irfanullah as a RO for the Khyber Pakhtunkhwa constituency of PK-91 Kohat-II.

The PHC on December 27, in petitions, of a contestant of the constituency, had suspended the appointment of a returning officer for PK-91 Kohat-II.

Copyright Business Recorder, 2024