By-elections in Punjab: CEC told to apprise court about stakeholders' point of view

The Lahore High Court (LHC) here Thursday directed Chief Election Commissioner (CEC) to apprise how long it will take to hear the point of view of all the stakeholders, linked with by-elections in Punjab. A division bench comprising of Justice Umar Ata Bandial and Justice Ijaz ul Ahsan passed these directions while hearing three identical appeals against the single bench regarding the decision of postponement of elections.
The bench remarked that there is no doubt that to exercise right of votes is constitutionally protected but at the same time, to protect the lives of citizen is also the constitutional obligation of the government."Chief Election commission is an independent institution and it had previously deferred election in the wake of terrorist activities in the country and court cannot direct it.
Terrorists have again hit Lahore and the court would have to see whether free and fair elections could be held in these circumstances", the court maintained. Single bench also asked CECP to hear Punjab government and pass a fresh order about the elections", the court further said.
Government of Punjab is represented by Khawaja Haris Ahmad and is of the opinion that due to bad security and law and order situation and recent terriost attacks, the GoP had to present his point of view to the CEC.
Muhammad Azhar Siddique said that if the matter is referred to the CECP, then this bench is going to uphold the decision of the single judge. He pointed out that if this bench sets aside single bench decision, even then the CECP has the power to postpone elections under section 103 of Peoples Representation Act, 1976, and then the Punjab government or the candidates may approach him. He that Punjab Government has no locus standi to file a writ petition seeking delay of by-election because it was not an aggrieved party in sense of article 199.
He pointed out that the whole election process is a matter between Chief Election Commission and the candidates, while the governments are bound to carry out CECP directions. He said under article 224(4) of the Constitution, when a seat in any assembly falls vacant, an election to fill the seat would be held within sixty days. He said this constitutional provision is mandatory in nature but the single bench had overlooked it and passed a contrary order.
He further said under Section 11 of the People Representative Act, the president makes an announcement of the date or dates for polls and the Election Commission has to issue a notification about election schedule within 30 days. The CECP could only make changes in election schedule under section11-A PRA, but not the polling day. He pointed out that Chief Election Commissioner Pakistan (CECP) had also previously postponed elections illegally at least on three occasions.
He said the single bench has also held that sufficient chance of hearing was not given to Punjab Government to respond serious allegations and the election commissioner should have adjourned the hearing to safeguard the sacred rule of audi alteram partem (no one should condemned unheard). He said it is a rule that cannot by-pass constitution. He said CECP was not constitutionally bound to consult/hear the any government prior to issuance of election schedule.
He also said holding of by-elections to fill casual vacancies cannot be postponed for indefinite period and the constituencies cannot be kept un-represented. Muhammad Azhar Siddique advocate, candidate from NA-123, Sheikh Rashid, contestant from NA-55 and Manzoor Gillani, also a candidate NA-123, assailed single bench order of October 6.