ECP's Daska re-poll decision upheld

Re-elections will be held on April 10

ISLAMABAD:

The Supreme Court on Friday rejected the PTI’s appeal against the directives of the Election Commission of Pakistan for re-polling in the constituency of NA-75 Sialkot-IV (Daska) and maintained the polling body's decision.

The ECP had earlier annulled the by-poll held in the constituency on February 19 and ordered a fresh election on March 18.

It was later rescheduled to take place on April 10.

A three-member apex bench, headed by Justice Umar Ata Bandial, dismissed PTI candidate Ali Asjad Malhi's petition and announced the short order after hearing arguments by all sides.

The detailed verdict would be issued later.

Justice Bandial, while announcing the order, said the bench heard very good arguments in the case and would like to compliment the submissions made by Salman Akram Raja, the lawyer representing PML-N candidate Nosheen Iftikhar.

He added that PTI lawyer Shehzad Shaukat arguments were also very compelling.

Read more: SC dismisses petition seeking suspension of ECP’s decision to hold re-polls in NA-75

"We look at the Constitution, the law and our jurisdiction as an appellant court. On account of facts that stand established we are not going to accept this appeal,” the judge noted in the short order.

“The court has taken the decision in light of the law, the Constitution and its own jurisdiction,” he added.

“Guidelines will be issued to prevent similar incidents in the future.”

Earlier during the proceedings, Justice Bandial urged the ECP counsel to stick to the legal points that were necessary and rely only on the documents on which the commission had mentioned in its decision.

Mian Abdul Rauf, who is representing the ECP, prayed that there was no mention of organised fraud in the commission's decision.

“The commission made its decision based on violations of law witnessed during the election,” he added.

The ECP lawyer further pointed out that the Punjab police chief and other officials did not respond to repeated calls, polling remained suspended at 13 polling stations while firing incidents also took place in the constituency.

“If all the clauses of the Election Act are not implemented, the election is considered null and void,” he argued.

The judge remarked that the electoral body had made the decision without listening to the administration.

"It is a fact that the situation in the constituency was bad, but at the same time it is not right to say that all parties did not get a competitive environment for the election,” he added.

“The word 'competitive environment' is not used for voters.”

PTI lawyer Shehzad Shaukat raised the issue of the disappearance of presiding officers. "Those responsible for the disappearance should come forward,” he added.

“It is necessary to question the officers, and that has not been done yet.”

The ECP director general (law) pointed out that Rangers were also present at the polling stations where the presiding officers went 'missing'.

Justice Muneeb Akhtar, who is a member of the bench, asked why the election material arrived late in the constituency.

Justice Bandial remarked that two people were also killed and one was injured in a firing in the constituency.

"The election commission failed to take appropriate action in Daska," he added.

"Whoever is responsible for the disappearance of the presiding officers has caused disruption in the electoral process. If the results are affected, re-polling may take place.”

The judge noted that 10 polling stations were also shown in one building.

“These details are mentioned in the ECP's own documents.”

Speaking to reporters, PTI’s Malhi said the party would deliberate upon filing a review petition after the detailed judgment was issued by the court.

He expressed confidence about beating the PML-N, adding that he respected the court’s decision on the matter.

Reacting to the development, PML-N Vice President Maryam Nawaz said it had been proven again that Prime Minister Imran Khan and his "false" government had tried to rob the votes of the people of Daska.

"A re-election will not be enough. These ‘robbers' will have to be held accountable for stealing the people's votes and kidnapping the ECP staff," she tweeted.

The PML-N leader congratulated activists who stood against those stealing votes as well as the party's candidate in the constituency.