ECP appeals against high court’s order

ISLAMABAD: The Election Commission of Pakistan (ECP) has challenged the Islamabad High Court’s decision of restoring Pakistan Muslim League-Nawaz (PML-N) candidates Sumaira Malik and Malik Masood Nazeer Awan as returned candidates in the Khushab district council elections.

The ECP, through the commission’s Additional Secretary Zafar Iqbal Hussain, has filed an Intra-Court Appeal (ICA) before the court, challenging the single bench’s decision.
Hussain contended that the ECP was not only under obligation to organise and conduct all elections, including local government elections honestly, justly, fairly and in accordance with law, but also to guard against corrupt practices not only during the elections but also after the elections.

The ECP maintained that there were serious allegations of violating the secrecy of ballots against the candidates which led to re-polling in the district.

On July 7, the IHC had set aside an ECO judgment ordering re-elections for the district council in Khushab.

Justice Aamer Farooq of IHC had declared that the ECP did not have jurisdiction in the matter, and it is only responsible for conducting fair and just elections and thereafter notifying the returned candidates.

If any complaint is filed, the court said, only a tribunal of the ECP could hear and decide the matter. The tribunal’s decision can subsequently be challenged before the high court. In the order, the court said that the ECP cannot directly adjudicate on such matters.

On December 28, 2016, the ECP had set aside elections of the chairman and vice chairman for the Khushab district councils. The elections had been challenged by opposing candidates Malik Ameer Haider Sangha and Haji Muhammad Ameer Klasi, alleging that the secrecy of the ballot was disregarded as voters cast their votes after showing the marked ballots to the returned candidates.

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“The election held on December 22, 2016, is declared null and void. Re-poll is directed to be conducted for which the schedule be issued forthwith,” the ECP had ordered on December 28, 2016.

Malik challenged the decision before the IHC claiming that the order had been passed without jurisdiction and in violation of the provisions of the Punjab Local Government Act 2013. Her counsel had contended that the ECP was not empowered or vested with jurisdiction to annul or interfere with the elections under section 26 of the act.

The ECP has made Malik, Nazeer, Sangha, Kalasi, the district returning officer, the returning officer and the presiding officer for local government elections in district Khushab and the chairman Noorpur Thal Rural in Khushab, Malik Safdar Hayat Awan as respondents.

Source: The Express Tribune