SC declines to suspend ECP decision on Daska re-polling

The Supreme Court declined on Wednesday Pakistan Tehreek-e-Insaf (PTI) candidate's plea to suspend re-polling in NA-75 (Sialkot-IV) Daska as per an earlier decision by the Election Commission of Pakistan.

The electoral body had declared the by-poll held on February 19 in NA-75 Sialkot-IV constituency as void and ordered a fresh election in the entire constituency on March 18.

A three-member apex judge bench presided by Justice Umar Ata Bandial summoned a complete relevant record of the case from ECP and Pakistani Muslim League-Nawaz (PML-N) candidate.

The bench would examine PTI candidate's application at the next hearing on March 16.

The ECP issued a short order, signed by the Chief Election Commissioner (CEC) Sikandar Sultan Raja and the four commission members, Justice (retd) Altaf Ibrahim Qureshi, Justice (retd) Mrs Irshad Qaisar, Nisar Ahmed Durrani and Shah Muhamad Jatoi.

Read more: ECP orders re-polling in all polling stations of NA-75

"This Commission in exercise of powers under Article 218(3) the Constitution read with section 9(1) of the Elections Act. 2017, declares the poll held on 19.02.2021 in the subject constituency (NA-75, Sialkot-IV) as void and orders fresh poll/re-poll in the entire constituency on 18th March," it said.

The order was issued after hearing a case filed by Syeda Nosheen Iftikhar, the Pakistan Muslim League-Nawaz (PML-N) candidate in by-election for verification of 23 missing polling stations results. Ali Asjad Malhi was the candidate of the ruling Pakistan Tehreek-e-Insaf (PTI).

The ECP said the election in the constituency had not been conducted in a transparent manner, incidents of murders, firing and injuries, bad law and order situation while other circumstances led to make the process of result doubtful.

“From the perusal of available record produced by the parties, the Returning Officer as well as collected by the Commission through different sources, we have come to the conclusion that conducive environment was not available for the candidates,” the order said.

“Voters of the constituency and the election in the subject constituency has not been conducted honestly, justly, fairly and in a transparent manner, incidents of murders, firing and injuries, bad law and order situation in the subject constituency creating harassment for voters and other circumstances leading to make the process of result doubtful/unascertainable.”