Sindh High Court (SHC) on Thursday turned down the plea to stay the bye-election on PS-11, Larkana due to incomplete Election Commission of Pakistan (ECP).
A division bench of SHC headed by Justice Muhammad Ali Mazhar sought the reply from ECP while hearing the petition of a person namely Shah Khan, who submitted that since ECP is incomplete with no representation from Sindh & Balochistan, the bye-election on PS-11, Larkana, scheduled to be held on October 17, 2019 should be stayed till the disposal of the petition.
Petitioner contended that incomplete ECP can't conduct the bye-election on the provincial assembly seat in Sindh, therefore the bye-poll on this constituency should be put on hold.
Abdullah Hanjrah, Law Officer ECP appeared before the court that Section 3 (2) of Election Act is very clear on this issue, which empowered the ECP to continue its functions despite the vacancy of any member, is lying vacant.
He informed that two members of ECP were retired on January 2019 and said that ECP is continuing its judicial and administrative functions.
He stated that bye-elections on 20 constituencies for local government have been held so far as well as bye-election on National Assembly constituency in Ghotki was also held recently in the presence of incomplete bye-election.
He said that ballot papers for PS-11 have also been printed and are ready to be dispatched to Larkana.
Court remarked that stay order on bye-election would disenfranchise the voters of constituency and ruled out the stay order on this stage. Court adjourned the hearing of the petition till October 22, 2019 with the direction to the law officer to get the comments from Islamabad to file same in the court.
Copyright Business Recorder, 2019
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