SC overturns PHC decision on RO’s appointment

Chief Justice Qazi Faez Isa raised eyebrows at the courts on Tuesday for making decisions on election-related matters without hearing the Election Commission of Pakistan (ECP), indicating that these decisions could be a tactic to hinder the electoral process.

Accepting an appeal from the ECP, the court overturned the decision of the Peshawar High Court (PHC) regarding the suspension of the returning officer (RO) for PK-91 Kohat constituency of the Khyber-Pakhtunkhwa Assembly.

Emphasising the importance of due process in electoral matters, Chief Justice Isa questioned how were the courts making decisions without hearing the ECP. He said that he suspected tactics were being employed to prevent the elections.

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A three-member bench, led by Chief Justice Isa and including Justice Muhammad Ali Mazhar and Justice Musrat Hilali, took up the ECP’s appeal. Earlier, the PHC suspended the appointment of RO for PK-91 Kohat without notifying the ECP.

The ECP’s lawyer informed the court that 31 candidates were vying for PK-91 Kohat, with the nomination papers of 12 candidates had already been scrutinised, those of the remaining 19 candidates were scheduled for scrutiny by January 5.

Accepting the ECP position, the court set aside the PHC decision and remarked that it was understandable that someone objected that the RO was related to some candidate, but it unacceptable that someone wanted the RO of his or her own choice.

At one point, the chief justice said that it was very strange, adding that it was beyond comprehension as to why unnecessary applications were being filed. He added that an RO fell ill and his medical certificate was also on record. When another was appointed, the PHC suspended the appointment.