Court orders ECP to hold Umerkot by-poll on time

Dismissing excuses, bench says delay shows commission's "negligence, inefficiency"

HYDERABAD: The Sindh High Court (SHC) has directed the Election Commission of Pakistan (ECP) to hold the by-election in Umerkot's PS-52 constituency on time, to avoid violating the 60-day time limit for filing a vacant seat.

"Prima facie it shows slackness on part of the officials of the provincial election commission and we don't expect this slackness or negligence," reads the order of the Hyderabad circuit bench, issued after a hearing on Wednesday. The bench also expressed dissatisfaction over the explanation given by deputy attorney general Muhammad Humayoon Khan to justify the delay.

The seat fell vacant after the death of Pakistan Peoples Party MPA Syed Mardan Ali Shah, on January 19, 2020 and ECP issued a notification of the vacancy on January 22.

The ECP had earlier announced that the by-poll would be held on March 17, but on February 13, the commission notified that the election schedule will be announced on February 29, giving April 15 as a potential polling date.

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Petitioner's counsel Zameer Ghumro, citing Article 224(4) of the Constitution, asserted that the ECP was under obligation to hold the by-election within 60 days of declaring the seat vacant.

"[The date of the by-poll] is beyond the 60-day limit," he contended during the hearing, pleading the court to declare the February 13 notification unlawful and order the ECP to conduct the by-election earlier.

Khan informed the court that the delay was due to the late printing of the electoral rolls. "This excuse, as notified in the subsequent notification issued on February 13, lost force when the Umerkot district election commissioner issued a letter to the provincial election commission on February 8, disclosing that the revision of the electoral rolls was completed and no work was pending in this regard," the bench observed.

The court was then informed about another excuse for the delay, concerning the printing of the ballot papers. But the bench described it as "negligence" on part of the commission, which was supposed to hold elections across the country. "It seems the provincial election commission took the matter lightly, announcing a later date for the by-election. Firstly they made an excuse of delay in the revision of electoral rolls and subsequently the non-availability of the ballot papers."

The court reiterated that the manner in which the ECP had scheduled and re-scheduled the by-poll demonstrated the commission's "inefficiency."

Published in The Express Tribune, February 28^th, 2020.