While turning down plea to declare re-polling verdict of the Election Commission of Pakistan (ECP) in NA-75, Daska, illegal on Friday the top court judge, Justice Umer Ata Bandial, observed the court respects constitutional institutions of the country.
A three-member bench of the apex court led by Justice Umer Ata Bandial is hearing a petition filed by Pakistan Tehreek-e-Insaf’s (PTI) candidate Ali Asjad Malhi in the NA-75 Daska by-election. Malhi had prayed the Supreme Court to set aside the order passed by the ECP on February 25, 2021.
At the outset of hearing on Friday, recently elected Senator of PML-N Azim Nazir Tarrer appeared before the bench and sought one day time in the matter saying he will represent Syeda Nosheen Iftikhar of his party in the constituency instead of Advocate Salman Akram Raja who has been contracted coronavirus.
During the course of proceedings, Justice Bandial observed that the ECP had ordered re-election over code of conduct violations saying the Commission took its decision on the basis of a report which stated that 20 presiding officers had gone missing after the polling concluded as well as the violence witnessed in Daska on polling day.
“The presiding officers switched their phones off and disappeared together. All the disappearing presiding officers suddenly appeared together in the morning. Did all the presiding officers disappear and go for breakfast?” Justice Umer Ata Bandial expressed his astonishment.
Appearing before the bench, Shahzad Shaukat, counsel for Malhi contended that the ECP had declared the elections “controversial” on the basis of one DSP’s case, adding that under the Election Act’s Section 9 the ECP should have ordered an inquiry instead.
Upon which Justice Bandial said that declaring null and void was an administrative decision and that such decisions need to be taken “immediately”. Responding to the court query, Shaukat argued that an inquiry was still required even if it was an administrative decision.
It is pertinently mentioned that during the last hearing of the matter the court had asked the ECP to provide details for the costs borne by the ECP for carrying out an election on a single National Assembly constituency.
Appearing before the bench on Friday, director law of the Commission submitted that as many as Rs10.9 million are spent on average on carrying out an election on a single National Assembly constituency. At this, Justice Bandial asked the ECP official to check the figure again as the expenses seemed too low.
“Rs10.9 million must be a single candidate’s expense,” observed the judge. He added that it was pertinent to know whether the elections were transparent, fair and as per the law. To which, Shahzad Shaukat requested the bench to declare the ECP order illegal till the trial ends but the court rejected the request.
However Justice Bandial said there was no reason to declare the order “illegal”. He added that the bench will deliberate on what to do next in the upcoming hearing.
“We respect constitutional institutions but the law was not followed in the Daska elections,” observed the judge. He also wondered if aerial firing was such a big issue that it necessitated a re-election.
“ECP raised the issue of non-cooperation of police and action can be taken against police, but non-cooperation itself cannot justify re-polling,” observed the judge.
Later, the hearing was adjourned till next week.
