NA constituencies in capital: Notifications of three ‘successful’ PML-N candidates suspended

ISLAMABAD: The Islamabad High Court (IHC), Monday, suspended the victory notifications of three Pakistan Muslim League-Nawaz (PML-N) candidates of the National Assembly constituencies from the federal Capital.

A two-member bench of the IHC comprising Justice Miangul Hassan Aurangzeb and Justice Arbab Muhammad Tahir conducted hearing of the intra-court appeal (ICA) filed by Shoaib Shaheen advocate and suspended the Election Commission of Pakistan (ECP)’s notifications to declare PML-N’s Tariq Fazal Chaudhary, AnjumAqeel, and Raja Khurram Nawaz as returned candidates from the constituencies of NA-46, 47, and 48.

In his ICA, Shoaib Shaheen impugned the order dated 11.02.2024 passed by the Judge-in-Chambers, whereby, writ petition No499/2024 filed by the appellant was disposed of with certain observations.

The bench observed that the primary reason why the Judge-in-Chambers did not adjudicate upon the merits of the case was that the representation before the ECP is also pending and as regards the issuance of the notification dated 11.02.2024 impugned in the writ petition, the same was not considered to be of much consequence since it was observed in the said order that ECP in exercise of the powers under Section 21 of the General Clauses Act, 1897 could withdraw the same.

It added, “We are told that despite the impugned order having been passed a few days ago, till date the said notification has not been withdrawn.”

The IHC bench stated that the facts discerned from the record are that the elections to these National Assembly constituencies NA-47 (Islamabad Capital Territory) took place on 08.02.2024.

It said in its written order that the appellant is in attendance and submits that there are total 387 polling stations in the said constituency, and that he is in possession of all Form-45 issued by the presiding officers of each polling station and as per calculation carried out by the appellant on the basis of Form-45 in his possession, he obtained 104,578 votes, whereas, his rival candidate, Tariq Fazal Chaudhary secured 51,613 votes.

He complained that he was not given access to the Returning Officer’s office in order to adequately complain about the delay in the issuance of Form-47 on the basis of Form-45 issued by Presiding Officers of the Polling Stations.

He submitted that on 09.02.2024, the Returning Officer, in his office, pasted Form-47, according to which, the appellant secured 86,396 votes, whereas Tariq Fazal Chaudhary secured 102,502 votes. This result, according to the appellant, is not in accordance with Form-45 issued by the presiding officers of polling stations in the constituency. Subsequently, however, yet another Form-47 was posted on the website of ECP on 10.02.2024, according to which, the appellant secured 86,794 votes, whereas, Tariq Fazal Chaudhary secured 101,397 votes.

The appellant submitted that regarding the wrong results which were being shown on the Election Day on the screen at the returning officer’s office, he submitted a complaint at 06:41 am on 09.02.2024 to which no response was given. This caused the appellant to submit a complaint to ECP which called for a report from the returning officer.

Since the appellant’s grievance continued to persist, he, on 09.02.2024, also complained to the district returning officer regarding the non-issuance of the consolidated results.

At the time when the said complaint was filed, Form-47 had not been issued. However, after Form-47 was issued, the appellant filed a complaint dated 09.02.2024 to ECP for the result to be recalculated/reconsolidated. Subsequently, on a complaint filed by the appellant, ECP, on 11.02.2024, passed the order suspending the process for the consolidation of result under Section 95 of the Elections Act, 2017, if such process had not been concluded already.

In order to demonstrate that by the time said order was passed by ECP, the process of the consolidation had not taken place, the appellant drew the attention of the Court to a letter dated 11.02.2024 from the returning officer, which shows that the process of consolidation had been postponed due to the orders passed by ECP.

The petitioner mentioned that there is nothing on the record to show that the process of the consolidation as envisaged by Section 95 of the Elections Act, 2017, has taken place as yet. In other words, till date, neither Form-48 nor Form-49 has been issued. In these circumstances, it was not appropriate for ECP when seized of a complaint regarding the elections, to have issued the notification dated 11.02.2024 impugned in the writ petition No499/2024.

He added that it also ought to be noted that such notification could not have been prima facie issued in the presence of ECP’s order dated 11.02.2024, which, till date, has not been modified or withdrawn.

Zaigham Anees, Law Officer, ECP tendered appearance on Court’s call and accepts notice.

The IHC bench noted in its order, “Since we have prima facie found the notification dated 11.02.2024 to be incompatible with the order dated 11.02.2024 passed by ECP in case No.F.7(9)/2024-Law-III, we direct ECP to produce on the next date of hearing all the record leading to the issuance of the said notification dated 11.02.2024.

The instant appeal is also accompanied with an application for an interim relief for the suspension of the impugned order dated 14.02.2024 passed by the learned Judge-in- Chambers as well as notification dated 11.02.2024 issued by ECP.

At this stage, the bench said, “We are not inclined to suspend the proceedings before ECP which shall be taken to their logical conclusion and if need be a notification of the returned candidate be issued after the issuance of Form-48 and Form-49 in accordance with the law. However, until this process is completed, the operation of the notification dated 11.02.2024 which was impugned in writ petition No.499/2024 is suspended.”

Later, the bench issued notice to the respondents and deferred the hearing of the case till February 21 for further proceedings.

Copyright Business Recorder, 2024