Chief Election Commission (CEC) of Pakistan here, on Tuesday, told the Lahore High Court (LHC) that he would entertain request of Punjab Government or any other stakeholder for the postponement of by-elections before issuing a fresh schedule for the polls in the province. This was stated in a written detailed reply submitted before a division bench of the LHC.
The CEC, however, requested the court to review the impugned order of single bench to the extent of holding a binding on the commission to consult the executive authorities and others before announcing elections. He said that the observations made in the single bench's order directly affect the independence of the Commission with regard to its constitutional obligations and also have the effect of abridging the powers conferred upon it by the constitution.
CEC further pleaded that binding the Commission to hear the provincial government before issuance of the schedule or fixing poll day would be in contravention of the constitution and the election laws which would create problems for the Commission to hold elections within prescribed time period.
The reply said that the matter was taken up on September 15, 2009 with the petition of Sheikh Rashid Ahmad when nobody from Punjab government appeared except an assistant advocate general who could not communicate any date for poll. Therefore taking into consideration the earlier record and after hearing the parties the date of poll was announced and schedule was issued. The CEC submitted that it would hear all the stakeholders and if request for delaying of by-polls would be supported by convincing evidence showing sufficient reason, the discretion to accept such request will be at the judicious discretion of the Commission.
The division bench adjourned for Wednesday (today) the hearing of three appeals against the postponement of by-elections through an order issued by a single bench of the high court. The bench directed the appellants and provincial government's counsel to come up with their replies and further arguments. The appeals were filed by Muhammad Azhar Siddique advocate, a candidate from NA-123, Lahore, Sheikh Rasheed Ahmad, candidate from NA-55, Rawalpindi and Manzoor Ali Gillani advocate, also a candidate NA-123.
The appellants said that the Punjab Government had no locus standi to file a writ petition seeking delay of by-election because it was not an aggrieved party. They said the whole election process was a matter between CEC and the candidates while the governments were bound to carry out CEC directions. They said the CEC was not constitutionally bound to consult/hear the any government prior to issuance of election schedule. Therefore, the appellant prayed that the operation of LHC's October 9 judgement might be set aside.
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