LHC stops by-elections in two NA constituencies

Court rules in favour of PTI leaders against holding polls on seats vacated following en masse resignations

LAHORE:

The Lahore High Court (LHC) on Wednesday restrained the Election Commission of Pakistan (ECP) from holding by-elections in two National Assembly constituencies, Faisalabad NA-108 and Nankana Sahib NA-118, that were scheduled to be held on May 28.

The LHC's Justice Karim was hearing different petitions including a plea filed by Pakistan Tehreek-e-Insaf (PTI) leader Farrukh Habib.

Habib's counsel advocate Azhar Siddique contended to the court that the NA Speaker had accepted the resignations of the PTI’s former MNAs without adopting due process.

Meanwhile, the law officer strongly opposed the version of the petitioner’s counsel, requesting the court to dismiss the plea.

Siddique however implored the court that there were a total of 123 PTI MNAs who resigned from their seats in protest against Imran Khan's ouster from office in April 2022. Those resignations, he maintained, were to be accepted together on PTI’s request.

But, contrary to their wishes, the Speaker accepted only 11 resignations on July 28, 2022, and then accepted more resignations after short intervals in violation of the settled law relating to the resignations, he argued.

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The ECP de-notified those MNAs including Habib, declaring by-election to be held on October 16, 2022, in different constituencies including NA-108 Faisalabad and NA-118 Nankana Sahib.

Later, the lawyer told the court, the electoral watchdog announced another election schedule and the polls were delayed under another pretext.

Afterward, another impugned notification was issued by the ECP on May 11 this year, fixing May 28, as the poll day for the provision of the by-election to the extent of the aforementioned constituencies.

"The delay was caused deliberately," argued Siddique, maintaining that the election date announced was beyond the cutoff date prescribed by dictates of the Election Act 2017 and the Constitution of Pakistan.

He made his argument by citing Article 224 (4) of the Constitution which says "when, except by resolution of national or provincial assembly a general seat in any such assembly has become vacant, not later than120 days before the term of assembly is due to expire, an election to fill the seat shall be held within 60 days from the occurrence of the vacancy”.

In other words, he said that by-elections could not be held less than 120 days before the expiry of the term of the National Assembly; as this would place an undue burden on the national exchequer.

He also informed the court that the NA is due to complete its term on August 13, and therefore, the cutoff days for holding any by-election would be May 28, 2023, if at all.

After hearing all the arguments, the judge announced his verdict in favour of the PTI leaders and called off the by-polls.