Re-polling in NA-75 Daska: SC may conclude PTI’s petition against ECP’s order

ISLAMABAD: The Supreme Court (SC) is likely to conclude a Pakistan Tehreek-e-Insaf (PTI) candidate’s petition against the Election Commission of Pakistan (ECP)’s order for re-polling in NA-75 Daska.

A three-judge bench, headed by Justice Umar Ata Bandial, on Wednesday, heard the PTI candidate, Ali Asjad Malhi’s petition against the ECP’s order to hold re-polling in NA-75, due to law and order situation in many polling stations.

The PTI leader has 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 asked Salman Akram Raja, counsel of the PML-N contestant, Nosheen Iftikhar, to conclude his submission by tomorrow (March 25).

Akram Raja, who has been tested Covid-19 positive, through video-link from SC Registry Lahore, argued that geo-fencing record of 23 presiding officers, who went missing on the polling day with the election material, is available with the ECP.

Nosheen had filed an application qua 23 polling stations complaining unnecessary delay in communication of result of those polling stations had occurred causing doubt as to the result qua those 23 polling stations.

Salman Raja contended that this is a case of organised rigging.

Level-playing field was not provided to all the contestants, including his client.

He said the ECP has also “accepted” the organised rigging, and therefore, passed order, adding the presiding officers (POs) on the polling day (February 19) went missing with the material.

He said the ECP officials on February 19th made many attempts to contact the POs, but failed.

He said it was very strange that not only the mobile phones of the POs, but also the police wireless were not working.

He said the POs and the election material were recovered from the same place.

Earlier, Malhi’s lawyer argued that in the by-elections the turn out remained low. He acceded that there was law and order issue on the polling day, adding such incidents took place in every election.

The court asked the ECP counsel to confirm the turn out data.

Shehzad Shaukat, counsel of the PTI leader, said the focus of the ECP is failure of the Punjab government.

Upon that Justice Sajjad Ali Shah remarked that the ECP’s focus is the provincial administration and not the Punjab government.

He said there is no mention of Rangers in the ECP report.

Justice Bandial said that the contest in Daska by-election is between two heavy weights.

He said due to the flare-up, people of that area are affected.

He asked the PTI counsel that the Punjab government’s stance regarding the matter is one-sided.

The hearing was adjourned until March 25.

Copyright Business Recorder, 2021