‘Illegal by-elections’: ‘PP-239 fell vacant in November last year’

LHC told that the Feb 18 elections won’t violate the constitution.

LAHORE:

The constitution does not allow elections in constituencies, which fall vacant 119 days or less before the expiry of the assembly’s tenure. Under the law, the PP-239 (Vehari) by-election scheduled for February 18 is not unconstitutional.

This was stated on Friday by Punjab Election Commissioner SM Tariq Qadri, who appeared before the Lahore High Court on Chief Justice Umar Ata Bandial’s orders.

He told the court that the seat fell vacant on November 27, 2012 when MPA Sardar Muhammad Khan Khichi passed away.

Qadri was directed by Chief Justice Umar Ata Bandial to submit a written reply by February 11.

The LHC chief justice was hearing a petition that has challenged the legality of the by-election.

On Friday, Deputy Attorney General Nasim Kashmiri also appeared in court on behalf of the federal government.

Muhammad Ashfaq, a resident of the constituency, has challenged the by-election, saying that under Article 224(4) of the constitution, by-polls could not be held in the 90-day period before the general election. The petitioner has termed the ECP notification “a violation” of the constitution.

He said the government was going to complete its tenure in 40 days. He has requested the court to set aside the notification by declaring it unconstitutional.

Published in The Express Tribune, February 9^th, 2013.