LG elections: Poll body rules out re-election in K-P

Says there was no provision in the Constitution or any subordinate law in this regard.


Irfan Ghauri June 10, 2015
Besides almost all the major parties of the province which participated in May 30 LG polls, the Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan had himself offered to hold re-elections. PHOTO: AFP

ISLAMABAD:


Amid controversy over transparency of last month’s local government elections in Khyber-Pakhtunkhwa, officials of the top poll body ruled out re-election in the province — a demand made by different political parties.


A top official of Election Commission of Pakistan (ECP) told The Express Tribune that there was no possibility of holding the entire exercise again since there was no provision in the Constitution or any of the subordinate laws in this regard.

Chief Election Commissioner Justice (Retd) Sardar Muhammad Raza gave a similar but veiled hint during hearing of a case of alleged rigging against Liaqat Khattak, brother of Khyber-Pakhtunkhwa (K-P) Chief Minister Pervez Khattak.

“Holding of elections is not a joke. It is we (ECP) who have to decide what to do. And, we would decide what is prescribed in the law,” the CEC was quoted as telling the complainant, Jawad Khattak, had demanded that entire election be declared null and void.



The ECP official said the remarks of the CEC, who had been a senior judge of the Supreme Court, were a clear hint to those who were making public statements demanding re-polls in the K-P.

Besides almost all the major parties of the province which participated in May 30 LG polls, the Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan had himself offered to hold re-elections after grave irregularities were reported in the local government elections.

The ECP and the K-P government are now at logger heads and are publically shifting blame on each other for mismanagement in the polls.

The official, who is part of the ECP’s legal wing, ruled out possibility of holding the whole exercise again and said those who have complaints can move to post-election tribunals which will examine cases individually.

He said in view of the expected number of complaints, the ECP has set up a total of 92 post-election tribunals to adjudicate the rigging cases, which is a huge number given the fact that after the 2013 general elections, only 14 tribunals were set up across the country.

“The only option to decide election petitions is through these tribunals or the ECP can take decision after a summery trail. But this is done on case to case basis. We have no authority to adjudicate the whole election in any manner,” he said.

CM’s brother is in hot waters

During Tuesday’s proceedings, Javed Khattak, who lost to the CM’s brother at district council seat in Manki Sharif, presented hundreds of ballot papers, which, he claimed, were polled in his favour and were left out from counting.

Javed claimed that thousands of votes polled at different polling stations in his favour were thrown away and were not counted in the final tally.

Interestingly he produced dozens of copies of original ballot papers that were marked with his name as proof to substantiate his claim. Under the law, the ballot papers must remain in the custody of election authorities and the reproduction of used ballots makes his case quite strong.

Liaqat Khattak, additional inspector general of police, district returning officer and returning officer who have been made respondents in Javed’s petition will give their response today (Wednesday).

The ECP is likely to decide the case today and if Javed’s assertions are proven correct, the commission can direct a re-election for the seat which will be a serious set- back to the PTI.

Published in The Express Tribune, June 10th, 2015.

COMMENTS (2)

bilal | 8 years ago | Reply All PTI, PMLN, JUI-F, ANP & PPP LG members should resign and there will be no choice but to hold new elections. Problem resolved. EC & Opposition should stop doing this drama. Shame on them.
Imran Niazi Law | 8 years ago | Reply What is constitution? Our leader has said so that's it. Whatever comes out of his mouth is authority to us. We have mortgaged our minds and souls to this magician. Now we will start bashing the CEC and Constitution. Why it has no provision for re-election? Pathetic constitution. We need a new one in which our leaders utterances are also taken as law.
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