ECP told to put NA-128 results on hold

LHC suspends RO’s Form-47 prepared in contestant’s absence

LAHORE:

Lahore High Court’s Justice Ali Baqar Najafi on Friday temporarily restrained the Election Commission of Pakistan (ECP) from announcing the results of NA-128 on his plea filed by PTI-backed independent candidate Salman Akram Raja, the ‘runner-up’, who challenged his eviction from the premises where the returning officer (RO) of the constituency was preparing the Form-47, the operation of which was suspended by the judge.

“The [ECP] shall not give effect to the Form-47 under Rule 84 (1) of provisional consolidated result of NA-128 (Lahore) prepared in absence of the petitioner or his agent,” the court order read.

The judge also directed the ECP to take notice of the conduct of the RO, who was summoned before the LHC but his absence before the court was ‘conspicuous’.

The court issuing notices sought replies from the ECP, RO, Lahore police chief, Model Town SP and ‘successful’ candidate Awn Chaudry of the Istehkam-e-Pakistan Party by February 12.

Petitioner Raja had challenged in the LHC his “illegal” eviction from the RO’s office by police officials on his orders, depriving him of the right to observe the process of consolidation of the election’s results and match the Form-47 with the record he had received from his polling agents.

As the proceedings commenced, the petitioner’s lawyer, Barrister Sameer Khosa, contended that his client was forcefully evicted from the premises of the RO’s office after the results of 30 polling stations reached there, giving a clear signal that the petitioner was set to win the election for NA-128 by a “very large margin”.

As the ECP lawyer dispelled the impression that Raja was evicted from the office, Justice Najafi asked him was he in an admitted position that the petitioner was present that time when the results of the constituency were being consolidated.

To this, the ECP lawyer refused to admit it. However, he added that runner-up candidates used such tactics when they saw their defeat.

The ECP lawyer evaded the queries put forth by Justice Najafi that why only a single contestant was evicted in response to the law and  order situation; why the process of consolidating the results was not stopped, and why it was not resumed in presence of the candidates after the problem was brought under control.

Justice Najafi adjourned the proceedings for short time, ordering the RO to appear before the court.

After proceedings resumed, the ECP lawyer told the court that the RO had not turned up and his mobile phone was switched off.

He added that after sending the results to the ECP, the RO went home.

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The ECP lawyer argued that the petitioner could not check the Form-47 from the RO, requesting the court to dismiss the plea as not maintainable.

He argued that the petitioner should have contacted the ECP first against the process of counting.

The petitioner’s lawyer argued that their matter was not related to the process of counting votes, but it was about how a candidate could be deprived of their right of observing the process of consolidation of results.

Petitioner Raja was evicted from the premises of the RO’s office by the Model Town SP. The RO’s order alluded to an incident that lasted a few minutes wherein certain miscreants holding stick were allowed by the police to enter the lawn of the premises.

The lawyer contended that the commotion was caused overcome in a few minutes.

Thereafter, he added that the process of the receipt of results from the presiding officers continued unhindered.
He argued that there was no reason for the eviction of his client.

The RO had requested the Lahore police chief that no candidate, their agents, media teams and any other person should be allowed into his camp office for NA-128 at Govt Girls High School Shuhada-e-APS E-Block Model Town, Lahore as they caused a law and order situation.

The RO maintained that the working condition inside the premises had become impossible because of the aggressive behaviour of the candidates and their agents.

He sought police assistance to safeguard the staff working inside the premises and also for the safety of the incoming polling material to complete whole process smoothly.