Re-polling in NA-75 Sialkot: SC rejects PTI candidate’s plea to suspend ECP order

ISLAMABAD: The Supreme Court on Wednesday rejected Pakistan Tehreek-e-Insaf (PTI) candidate’s petition to suspend Election Commission of Pakistan’s (ECP) order for re-polling in NA-75 Sialkot.

A three-member judge bench headed by Justice Umar Ata Bandial heard the PTI leader’s Ali Asjad Malhi’s petition.

PTI leader had filed an appeal against the ECP under Section 9 (5) of Election Act, 2017 and asked the apex court to set aside its order. The ECP, on 1st March decided that re-poll in the entire constituency (NA-75 Sialkot-IV) should be held.

The bench ordered the commission to submit complete record of its order to void by-poll in Sialkot constituency. The bench also directed the PML-N candidate to file the relevant record.

Advocate Shaukat Shehzad, appearing on behalf of PTI leader, prayed the bench to suspend the ECP order until hearing. He argued that everyone says the issue was only in 23 polling-stations.

The PTI counsel said that after the statement of Prime Minister Imran Khan, the ECP ordered to hold re-election in 23 polling-stations. He questioned on what basis the ECP had ordered for re-polling. He submitted that the ECP travelled beyond its constitutional jurisdiction by ordering to hold by-poll in the whole constituency.

Justice Umar Ata Bandial said under Article 218 (3) of Constitution, the ECP was empowered to hold free, fair and transparent elections.

Justice Sajjad Ali Shah said the top electoral body had the authority to take action even without a complaint.

The PTI counsel said PML-N candidate had also raised objections only on 23 stations. He contended that according to the returning officer, out of 360 polling stations, the objections were raised about 20 stations.

He said there were many judgments of the Supreme Court that the elections in case of dispute should be held only in the affected polling stations.

The counsel said the ECP on March 08 had announced detailed judgment of its short order. Upon this, Justice Bandial said the court would examine it on next date.

The counsel for PTI leader said he had no objection for adjournment and requested the court to suspend the ECP order till that time.

Salman Akram Raja, representing the PML-N candidate Nosheen, argued that the application for re-polling in NA-75 is not fixed.

The case was adjourned till March 16.

Copyright Business Recorder, 2021