ISLAMABAD: The Sup-reme Court on Tuesday rejected Pakistan Tehreek-e-Insaf’s (PTI) request to suspend Election Commission of Pakistan (ECP) order for re-polling in NA-75 Sialkot, saying it will decide after examining all the aspects of the case.

Justice Umar Ata Bandial, heading a three-judge bench said: “The court respects constitutional institutions and would look at every aspect of the matter.”

He observed that 2018 general elections were held peacefully due to deployment of the military, but in the instant case its support was not sought which was a mistake on part of the ECP.

The bench heard PTI candidate Ali Asjad Malhi’s petition against ECP order to hold re-polling in NA-75, due to law and order situation in many polling stations.

The bench was informed that the counsel of Pakistan Muslim League-Nawaz (PML-N) contestant Syeda Nosheen Iftikhar could not come to the court as she had contracted coronavirus.

Justice Bandial said they would take a final decision after hearing the arguments by PML-N candidate's counsel Salman Akram Raja.

The counsel for the ECP informed that Inspector General Police Punjab (IGP) Inam Ghani is yet to submit his response in the case. Justice Bandial remarked: “Is this the cooperation and respect that security agencies have for the ECP”.

The court ordered the ECP to submit details of the expenses incurred in holding elections in on one seat of National Assembly.

The ECP counsel said “conditions in the constituency were the same as before” due to which the ECP had extended the date for re-polling to April 10 from March 18. Citing a report by secretary interior, he said that “terror was spread in the said constituency because of last month clashes between voters of the two parties".

The ECP had voided the by-election held in NA-75 on February 19 — which was marred by deadly clashes between workers of the ruling PTI and PML-N, the mysterious disappearance of around 20 presiding officers and suspected tampering with results — and ordered re-polling in the entire constituency.

The decision was challenged by Malhi, who argued in his petition that there was "no legal justification" for the ECP to declare the polls null and void, adding that the ECP's order was "clearly contrary to law and facts of the case".

Earlier, advocate Shaukat Shehzad, counsel for PTI candidate, asked the bench to set aside the ECP’s ruling calling for re-election in the entire constituency.

Justice Qazi Muhammad Amin Ahmed observed that there had been violence at polling stations during the by-elections and that it was the responsibility of the administration to control it.

When the PTI counsel raised objections to the ECP's ‘short order’, Justice Amin replied that the chief election commissioner was not a judge himself.

Justice Mazahar Ali Akbar Naqvi asked the ECP lawyer which election was held without these kinds of incidents. “These incidents can also be called election culture,” he said. Justice Amin observed that the culture of violence during elections needs to be ended.

The case was adjourned till March 19.

Copyright Business Recorder, 2021