Why didn't PTI move IHC over ECP delimitation schedule, asks SC judge

Supreme Court Justice Ijazul Ahsan asked on Monday why the Pakistan Tehreek-e-Insaf (PTI) did not approach the Islamabad High Court (IHC) to file its petition against the fresh delimitation process announced by the Election Commission of Pakistan (ECP).

The remarks came during an In-chamber hearing on PTI's appeal against registrar office objections that had earlier returned the plea on the grounds that the petitioner had not approached the concerned forum.

The petition was directly filed in the Supreme Court despite having an opportunity to raise the matter at the concerned forum, the registrar said and added that the petition also did not carry concerned certificates.

Presenting his arguments on Monday, Advocate Faisal Chaudhry maintained that to decide on the matter as important as the delimitation of the constituencies was the prerogative of the Supreme Court.

"It is a matter that concerns the entire country, a high court is not authorised to decide on it," he added.

At this Justice Ejazul Hassan wondered whether the delimitation was not to be affected following the merger of the erstwhile Fata with Khyber-Pakhtunkhwa.

The PTI's counsel adopted the view that The population ratio has not changed since 2017.

"If there is a need for delimitation, it can be done in KP. There is no problem in changing the number of constituencies," he added.

Justice Ahsan while adjourning the further hearing till Tuesday (today) said the counsel's arguments have been noted and are subject to his review.

Last week, The PTI had filed a petition in the Supreme Court against the delimitation schedule issued by the Election Commission of Pakistan for the next general elections.

On April 11, the commission had announced the delimitation schedule for the national and provincial assemblies for the next general elections.

In a statement, it had announced that no new administrative unit would be formed anywhere in the country.

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It had earlier decided that to carry out delimitations based on the National Census 2017. It had ruled out the possibility of the digital census announced by the previous PTI government.

The ECP had directed the chief secretaries and provincial election commissioners to provide required maps and other documents for demarcation work from April 11 to April 26.

Similarly, training of delimitation committees would be conducted from April 20 to April 24 and the preliminary results would be published on May 28.

The PTI's petition had prayed that the schedule issued by the ECP should be declared “unconstitutional” and “illegal” as there was no need for new delimitation till the new census.