SC maintains ECP’s decision on re-polling in NA-75 constituency

ISLAMABAD (APP): The Supreme Court (SC) on Friday maintained the Election Commission of Pakistan (ECP)’s decision regarding re-polling in the entire constituency of NA-75 Sialkot-IV (Daska).

A three-member SC bench comprising Justice Umar Ata Bandial, Justice Munib Akhtar and Justice Sajjad Ali Shah dismissed Pakistan Tehreek-e-Insaf candidate Ali Asjad Malhi’s petition against the ECP’s decision and announced the short order. A detailed verdict was expected to be issued later.

On February 25, the ECP had declared the by-election held on February 19 in the NA-75 constituency void and ordered a fresh election on March 18, which was later rescheduled to take place on April 10.

In the short order, Justice Bandial said the court had taken the decision in light of the law, the Constitution and its own jurisdiction.

He said guidelines would be issued to prevent similar incidents in the future.

During the course of proceedings, ECP counsel Mian Abdul Rauf argued that the commission’s decision did not mention organized rigging and was based on violations of the law.

He said the inspector general of police (IGP) Punjab and other officials did not respond to repeated calls, polling remained suspended at 13 polling stations while firing incidents also took place in the constituency. If all the clauses of the Election Act were not implemented, the election was considered null and void, he added.

Mian Rauf said it was clear that countless clauses of the Act were violated.

Justice Bandial urged the counsel to state the legal points that were necessary and rely only on the documents on which the commission had made its decision.

Abdul Rauf said there was no mention of organized fraud in the ECP decision.

The PTI candidate’s counsel Shehzad Shaukat said all those responsible for the disappearance of the presiding officers should be punished.

He said it was difficult to understand the grounds on which the ECP had rejected the report by the IGP Punjab.

He argued that the ECP’s position that people were unable to cast votes was incorrect. Instead of remaining neutral, the commission was hiding facts, he added.

He said those responsible for the disappearance should come forward, it was necessary to probe the officers, which was not done.

Justice Bandial said whoever was responsible for disappearance of the presiding officers had delivered a shock to the election process. Re-polling could take place if the results were disputed, he added.

The court after hearing arguments by all the sides dismissed the PTI candidate’s petition.

Speaking to media outside the apex court after judgment, PTI candidate Ali Asjad Malhi said the party respected the apex court’s decision in the matter. The party would deliberate upon filing a review petition after the detailed judgment was released by the court, he added.

He expressed confidence about beating the PML-N candidate in re-polling.