SC rejects PTI plea on NA-75 re-poll

Judge says he respects ECP and can't suspend its orders

ISLAMABAD:

The Supreme Court on Tuesday rejected a petition filed by PTI candidate Asjad Ali Malhi seeking the suspension of the Election Commission of Pakistan's (ECP) decision to hold a re-election n NA-75 Sialkot-IV (Daska).

The electoral body has rescheduled the re-poll to April 10 as the Punjab government pointed out that the current staff required more time to fully understand the electoral process and situation since the previous staff's suspension and transfer.

A three-member apex bench, presided over by Justice Umar Ata Bandial, heard the PTI's petition wherein the judge remarked that he respected the constitutional institution and could not suspend its orders.

Therefore, the re-election would be held but the apex court would decide whether it should be held in the entire constituency or at a few polling stations.

The ECP's counsel informed the SC that the commission had also sought a report from Punjab's inspector-general regarding law and order but the province's top police official has yet to submit the report.

“Why didn't the election commission issue a contempt notice to IG Punjab for not responding?” the judge asked. “Is this the level of respect the security agencies have for the ECP?,” he added.

“In one election, my wife and daughter voted, and were happy over it being peaceful, which was due to the presence of the armed forces on election day, while the election commission in Daska relied on the police.”

Another member of the bench, Justice Qazi Muhammad Amin, remarked that this culture needed to be eradicated in elections. “Will democracy be under the shadow of guns?” he added.

On March 10, the commission decided to immediately fill the vacant electoral staff positions and reschedule the NA-75 by-polls to April 10.

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