ISLAMABAD: The Supreme Court again dismissed Pakistan Tehreek-e-Insaf (PTI) candidate’s request to suspend Election Commission of Pakistan's (ECP) order for re-polling in NA-75 Sialkot.

A three-judge bench headed by Justice Umar Ata Bandial, on Friday heard PTI candidate Malhi’s petition against ECP order to hold re-polling in NA-75, due to law and order situation in many polling stations.

Justice Muneeb Akhtar said nothing will happen even if the court suspends the ECP order, therefore, let things go the way they are. Justice Sajjad Ali Shah questioned were the chief secretary, and IGP Punjab sleeping on the by-election day in Daska.

Justice Bandial said they are examining whether the by-election in NA-75 was fair or not. He observed that as the police failed to control the clashes between the political parties’ workers, therefore, the ECP ordered for re-polling. May be the police are not trained for elections, he added.

Justice Bandial questioned whether aerial firing is so sensitive that the ECP ordered for re-polling in the constituency. He said the action can be taken against the police officials for non-cooperation, but it could not be a reasonable justification for re-polling.

Justice Bandial said to void by-election in Daska was an administrative order, adding such decision are taken immediately. Asjad's lawyer, Shehzad Shaukat, argued that the ECP under Section 9 of Election Act, 2017, had to conduct inquiry. He said inquiry is a must even for passing an administrative order.

The counsel contended that the ECP order is based upon a video clip. Justice Bandial said according to the DRO’s report firing incidents took place at various polling stations, while no firing incident reported at those stations where presiding officers were missing.

Earlier, Advocate Nazir Tarar informed the bench that Salman Akram Raja, counsel for Syeda Nosheen Iftikhar, Pakistan Muslim League-Nawaz (PML-N) contestant, wanted to argue on legal points through video-link.

The ECP lawyer said expenditure for holding election in one National Assembly seat is Rs19 million. Justice Bandial asked the DG Election to recheck the amount as it seems very low.

Justice Muneeb Akhtar said whether the ECP gave notices to the parties before passing order for re-polling in NA-75.

Justice Bandial said they respect the constitutional institution. He inquired from the ECP lawyer about polling scheduled in NA-75. The counsel said that by-election in Daska will be held on April 10.

The hearing was adjourned till next week.

Copyright Business Recorder, 2021