ISLAMABAD - Pakistan Tehreek-i-Insaf (PTI) leader and a contestant of by-polls for National Assembly (NA) seat Ali Asjad Malhi Friday requested the Supreme Court of Pakistan to set aside Election Commission of Pakistan (ECP) order of holding fresh election in NA-75 Sialkot. The PTI leader Ali Asjad Malhi filed the appeal against the ECP under Section 9 (5) of Election Act, 2017. The ECP on 1st March decided that re-polling in the entire constituency (NA-75 Sialkot-IV) would take place on 18-03-2021. Asjad had contested elections against Syeda Nosheen Iftikhar, a candidate of PML-N. Nosheen had filed an application about 23 polling stations complaining unnecessary delay in communication of result of those polling stations had occurred causing doubt as to the result. The petitioner adopted that the impugned short order was clearly contrary to law and facts of the case. It has been rendered in complete oblivion of the facts and circumstances of the case. It is, thus, manifestly unjust and illegal and therefore liable to be set-aside. He added that it was not legal on part of the Election Commission of Pakistan to decide the matter pending before it through a short order having drastic results.
He continued that it is beyond comprehension as to why the Election Commission of Pakistan was in such a state of urgency that it had to resort to passing a short order, which is of course without any reasoning, in complete and utter derogation of all the settled principles of law.
Malhi also said that the provisions of Section 9 of the Election Act, 2017 have been blatantly violated by the ECP, while rendering the impugned order with no basis for the alleged ‘satisfaction of the Election Commission’. He said that election was marred by such grave illegalities which had materially affected the result of the entire constituency is discernible.
He mentioned that in view of the provisions of Section 9 (4) of the Election Act, 2017 it was obligatory on the ECP to have at least sought a reply from the appellant before proceedings to pass a final order in the matter.
The petitioner said that the ECP having itself heard the case in respect of 23 missing polling stations could not lawfully enlarge the scope of the case so as to order a re-polling in the entire constituency.
He contended that the impugned order was palpably incompetent and being not sustainable under the law. He further said that the complainant only had complained about the commission of illegality and irregularity to extent of 23 polling stations. It was a fit case to direct the re-poll at 14 polling stations instead of declaring the whole election as a void.
The PTI leader was of the view that the constituency has been put to second bye-election without any legal justification.