LHC orders ECP to decide matter of new MPAs by June 2

LAHORE:

The Lahore High Court (LHC) on Tuesday directed the Election Commission of Pakistan (ECP) to decide the matter of five new MPAs on reserved seats in the provincial assembly by June 2.

LHC Chief Justice Muhammad Ameer Bhatti was hearing a petition filed by the Pakistan Tehreek-i-Insaf (PTI) in which the party had challenged the delay on the part of ECP in issuing the notification of new members on reserved seats. In earlier proceedings, the high court chief justice had sought a reply from the ECP by May 31.

The seats fell vacant following the electoral body’s decision to de-seat 25 dissident lawmakers of the party for defying party directives and voting for PML-N’s Hamza Shehbaz for the post of the Punjab chief minister.

Following this, the PTI knocked on the doors of the high court with a prayer to pass directions to the ECP for notifying the five new MPAs.

As the proceedings commenced today, PTI’s lawyer Amir Saeed Rawn implored the court that ECP was deliberately delaying the matter.

To this, CJ Bhatti asked the ECP officials, present in the courtroom, why they were not processing the case further?

ECP’s counsel Hafiz Zeeshan responded that the matter was in process.

Read More: ECP de-seats 25 dissident PTI MPAs in Punjab

“The ECP had received two separate requests, one from the PTI demanding the issuance of the notification and the other from PML-N opposing it. We have issued notices to both the parties and the matter has been fixed for hearing,” the ECP’s counsel argued.

Meanwhile, the ECP was directed to conclude this matter by June 2 whether any party appears before the electoral body or not.

PTI’s petition

A petition filed by PTI's parliamentary leader in the Punjab Assembly, Mohammad Sibtain Khan, through his lawyer Amir Saeed Rawn read that according to Article 104 (5) of the Election Act, 2017, "Where a seat reserved for women or non-Muslims in an Assembly falls vacant as a result of death, resignation or disqualification of a member, it shall be filled in by the next person in order of precedence from the party's list of candidates submitted to the Commission”.

The petition further stated that Sibtain had submitted the party's priority list to the ECP, according to which Batool Janjua, Saira Raza and Fouzia Abbas were named for the reserved seats for women while Habkook Gill and Samuel Yaqoob were nominated for minority seats.

However, the petition added that the ECP, Chief Election Commissioner Sikandar Sultan Raja and Provincial Election Commission, Punjab were not notifying them as members.

"The women and the minorities members who are on the priority list have again and again contacted the respondents and have submitted their declarations as per the election rules but the respondents are reluctant to get the documents and are not notifying them."

The petition read that Sibtain had also approached the Provincial Election Commission on May 23 and 25 to accept the declarations list and documents and forward it to the chief election commissioner but the respondent was “reluctant” and “giving a deaf ear to the lawful request".