The ECP had, on an appeal by the PTI chief, ordered the public inspection of the election record and ballot papers used at NA-122. PHOTO: AFP
LAHORE:
Chief Justice Umar Ata Bandial of the Lahore High Court on Tuesday asked the Election Commission of Pakistan (ECP) to explain how a returning officer could be retained after the elections when he was not an employee of the commission.
The chief justice was hearing a petition moved by National Assembly Speaker Ayaz Sadiq through Barrister Syeda Maqsooma Zahra Bookhari challenging an ECP order on June 18 allowing the public inspection of the election record at NA-122, where Sadiq defeated PTI Chairman Imran Khan in the general elections.
The ECP had, on an appeal by the PTI chief, ordered the public inspection of the election record and ballot papers used at NA-122.
Earlier, an ECP law officer submitted in response to the petition that the commission had the power to order any returning officer to do a recount and public inspection of the election record. The petitioner’s counsel said that a returning officer could only hold elections, not conduct a recount or inspection of the election record.
The chief justice rejected the ECP’s reply and asked it to explain how a returning officer could be retained by the commission after the elections. He also issued fresh notices to Imran Khan, as no one appeared on his behalf before the court. The matter will be taken up on September 18.
Sadiq had submitted in the petition that he had no objection to the inspection of the election record, except for the ballot papers, under Section 45 of the Representation of the People Act, 1976.
The petitioner’s counsel said that the ECP order for the inspection of the election record was based on the belief that the returning officer had custody of the election record, but this was not the case, Barrister Bokhari argued. Under Section 44 of the ROPA, the record had been forwarded to the ECP.
The petitioner has asked the court to declare the ECP’s order of June 18 illegal and unconstitutional.
Published in The Express Tribune, September 4th, 2013.
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If the honorable Speaker of National Assembly My Ayaz Sadiq so sure about his victory in the election,may I ask why is he objecting the inspection and varification of ballot papers of his constituency.By obecting the inspection of ballot papers he is confirming of his wrong doings in May 11 election.Imran Khan is right in saying that his party was defeated because of rigged election.EC should come out clean by doing voters thump impression varification.If they cant do that than they should resign just like Fakhroo Bhai