Fill the void: SHC seeks ECP’s response on failure to hold by-polls on vacant seats

Residents took the election commission to court for not conducting by-elections on seats vacated by PTI lawmakers.


Our Correspondent April 01, 2015
PHOTO: ECP.GOV.PK

KARACHI: The Sindh High Court (SHC) has sought replies from the Election Commission of Pakistan (ECP) on a plea seeking by-elections on the four provincial assembly seats vacated by the Pakistan Tehreek-e-Insaf (PTI) legislators. The court has directed the ECP and the Sindh Assembly speaker to file their comments by April 10.

The division bench, headed by SHC Chief Justice Faisal Arab, also directed the federal and provincial law officers to submit their replies before the next hearing.

A few days before the by-elections on NA-246 in the Muttahida Qaumi Movement's (MQM) citadel, some residents of PTI's former constituencies have taken the ECP to court for failing to announce fresh polls in the four other constituencies in the city. PTI MPAs Hafizuddin, Dr Seema Zia, Khurram Sher Zaman and Samar Ali Khan had resigned from these seats as part of the party's nationwide protests against rigging in the May 2013 general elections.

In their joint petition, the residents said the PTI MPAs had submitted their resignations with the Sindh Assembly speaker in September 2014, which were accepted in January. They submitted that the four seats, PS-93 Karachi-V, PS-112 Karachi-XXIV, PS-113 Karachi-XXV and RSW-159, were lying vacant since a long time but the election commission had failed to announce by-polls to fill them as required under the law.

Their lawyer, Aqil Zaidi, argued that under the law, by-elections must be held within 60 days after a seat falls vacant. He alleged that the ECP's failure to conduct by-polls in the four constituencies was a violation of the relevant laws. The bench issued notices to the ECP secretary, the assembly speaker, the former PTI legislators and the Sindh advocate-general to file comments by April 10. The petitioners also sought direction for the Sindh Assembly speaker to 'de-notify' the PTI legislators from the assembly membership.

Plea for polls conduct dismissed

The same bench, meanwhile, dismissed a petition of two independent candidates seeking enforcement of the code of conduct for the upcoming by-elections in the NA-246 constituency.

In their joint plea, Muhammad Atiq Qureshi and Pervez Ali, contended that under Clause 9 of the nomination papers, the candidate has to reveal the cost of the election campaign, as the limit is Rs1.5 million.

They apprehended that the expenses on the election campaign of candidates backed by political parties will exceed the limit. The Pakistan Tehreek-e-Insaf had recently spent around Rs25 million on a single gathering in the constituency, the petition claimed. They pleaded the court order the ECP strictly implement the code of conduct for the by-polls.

Published in The Express Tribune, April 2nd, 2015. 

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