LHC allows holding Vehari by-poll on schedule

The Lahore High Court Chief Justice Umar Ata Bandial while disposing of a petition allowed the election commission to hold by elections in PP 239 Vehari scheduled for February 18. The court observed that it is the election commission which would decide to hold the election but not the courts and hence that court cannot interfere in its matters.
A resident of the constituency Muhammad Ashfaq, contended that the present government was going the complete its constitutional tenure after 40-days. He pointed out that 60-days were necessary as per the constitution for holding of any by-polls in any constituency. Election Commissioner Punjab S M Tariq Qadri had contended in his reply that the ECP is going to hold the by election by taking into consideration the fact that the constitution does not envisage by election if a vacancy in an assembly occurs 119-days or less before expiry of its term.
The seat falls vacant on November 27, 2012 due to demise of MPA Sardar Muhammad Khan Khichi, 131-days before the completion of the tenure of the assembly. However, due to some administrative issues the EC could not announce the schedule early, he added. And law officer contended that the people of any constituency could not be deprived from their right of representation.