LHC disposes of plea against ECP decision to delay polls

The Lahore High Court has disposed of a petition challenging the polls delay decision by the Election Commission of Pakistan beyond the stipulated 90 days after the dissolution of the National Assembly, reported 24NewsHD TV channel.

The court disposed of the petition on the basis of its being withdrawn by the petitioner.

The court directed the petitioner to file an amended plea and make all relevant authorities party to it.

LHC judge, Justice Abid Aziz Sheikh heard the case on an urgent basis on Tuesday.

Additional Attorney General Nasr Ahmad and Assistant Attorney Ahmad Raza Chatta appeared before the court to represent the Federation.

The government lawyers objected to the maintainability of the petition.

The petitioner’s lawyer told the court that it’s a violation of the constitution if the elections were not held within 90 days. He said that the President on the advice of the Prime Minister dissolved the National Assembly on August 10. And the ECP on August 17 issued a notification expressing its inability to hold the election in 90 days.

The lawyer requested the court to suspend the ECP notification till it makes a final decision in the case and ordered the election body to conduct polls in 90 days.

At this point, the additional attorney general told the court that the President could not give an election date as the ECP would have to carry out fresh delimitations of the constituencies as per the results of the new digital census.

The judge inquired why the President would not give the election date.

The AAG said that the ECP earlier wanted to conduct the polls on the basis of the old census and it was supposed to hold the vote within 90 days. But now, after the approval of the new digital census, it is not possible.

Justice Sheikh remarked that the question before the court is, who would give the election date. He said when the date would be announced, everything would be fixed.

The judge told the petitioner’s lawyer to seek an election date in his petition and make every relevant quarter respondent in it.

The judge further directed the petitioner’s lawyer to either amend his petition or withdraw it.

The court inquired if this case was not in the Supreme Court already.

AAG Nasr Ahmad told the court that the Supreme Court Bar Association has challenged it.

Justice Sheikh remarked that the President is supposed to give the election date so that the polls could be held within 90 days but the latter has not announced any date so far. He said when the date would be announced, then the process of holding elections would begin.

“The question before the court is, so far no date has been announced. The court must look into why the President has not given the poll date as he is bound to announce the date so that elections can be held in 90 days,” the judge observed.

Addressing the petitioner’s lawyer, Justice Sheikh said that it was appropriate for him if he would have requested the President to give an election date in his petition.

The petitioner’s lawyer then withdrew his application and the court disposed of the case.

 

Reporter Malik Ashraf