IHC restores Sumaira Malik, Masood Awan

Decision of ECP to hold re-elections on their district council seats set aside

ISLAMABAD: The Islamabad High Court has restored Sumaira Malik and Malik Nazeer Awan to their district council seats after it set aside a verdict of the Election Commission of Pakistan calling for re-polls on the seats.

Malik and Awan had successfully contested December 22, 2106, elections for the chairman and vice chairman in the district council elections for Khushab. The Election Commission (ECP) had subsequently notified the two Pakistan Muslim League-Nawaz (PML-N) candidates as returned candidates.

However, when the election was challenged before the ECP by opposing candidates Malik Haider Sangha and Haji Ameer Klasi, the poll authority on December 28, 2016, set aside the elections.

However, Justice Aamer Farooq of the IHC declared in his judgement on Friday that the ECP does not have jurisdiction in the matter.

It ruled that the top poll body is only responsible for conducting fair and just elections and empowered to issue notification for the returned candidate.

Further, Justice Farooq noted, if any complaint is filed, only a tribunal of the ECP can hear and decide the matter and the parties can subsequently challenge the decision before the high court.

In the order, the court said that the ECP cannot directly adjudicate such a matter.

Sangha and Klasi had challenged Malik and Awan’s elections alleging that the secrecy of the ballot had been disregarded since the voters cast their votes after showing it to the candidates.

“The election held on December 22, 2016, is declared null and void. Re-poll is directed to be conducted for which the schedule be issued forthwith,” the ECP had stated in its order.

Malik, however, challenged the ECP’s decision before the IHC, stating that the order had been passed without any jurisdiction and in violation of the provisions of the Punjab Local Government Act, 2013.

Her counsel had contended that the ECP was not empowered or vested with jurisdiction to annul or interfere with the elections under section 26 of the PLGA 2013.

In the petition, Malik had named the ECP through its secretary, Sangha, Kalasi, Malik Safdar Hayat Awan, Rehmat Khatoon, district returning officer, returning officer for local government and presiding officer as respondents.

Published in The Express Tribune, July 8^th, 2017.