CEC not bound to give opportunity of hearing

LAHORE - A division bench of the Lahore High Court (LHC) Wednesday remarked that it was a constitutional obligation of the Chief Election Commissioner (CEC) to consider the material placed before it pertaining to law and order situation but was not bound to give any party opportunity of regular hearing on such material. The bench comprising Justice Umar Ata Bandial and Justice Ijaz-ul-Ahsan made these observations in response to Punjab governments counsel Khawaja Hariss assertion that the CEC should have granted an ample opportunity of hearing to the government before issuing the election schedule. The court hearing the three appeals against the single benchs decision to stop by-polls in Punjab reserved the verdict after Haris concluded his lengthy arguments. Haris said the CEC should have given reasons for his order because discretionary powers could not be exercised rampantly. As Haris concluded his arguments, Sheikh Rashid, stood up and addressed the court saying, Punjab government was causing delay in disposal of election case, as a special personality did not want to go to assembly until 2010. The elections are being held in Gilgit-Baltistan. Then what is the impediment in doing same in Punjab, he questioned. Rashid said he had patiently heard the protracted arguments of the Punjab governments counsel that, according to him, were nothing more than delaying tactics. Three Intra Court Appeals (ICAs) were filed by Chief Awami Muslim League Sheikh Rashid Ahmad, Muhammad Azhar Siddique and Manzoor Ali Gillani. A single bench comprising Justice Mian Saqib Nisar while accepting Punjab governments plea had postponed by-elections in the province on the ground that CEC had not afforded opportunity of hearing to the applicant. reply sought from secretary Interior The chief justice Lahore High Court Chief Justice on Wednesday sought reply from the secretary Interior on a petition seeking recovery of a teacher missing for the last one year. Petitioner, Muhammad Aslam of Mandi Bahauddin, submitted that his son Naveed Aslam, a teacher by profession, was missing since October 26, 2008. He said several applications had been filed before the authorities concerned but no clue had been found yet. The petitioner pointed out that four reports had been submitted to DPO Mandi Bahauddin while the Home secretary constituted various committees to trace out his son without any progress. At this the Justice Khawaja Sharif directed the secretary Interior to file reply by December 2.

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