Supreme Court can’t hear 400 election cases: CJP

SC orders ECP to conduct re-polling in PB-50 Qila Abdullah n Adjourns federation’s appeal regarding tax collection n AGP argues tax collection by cantonment board a federal subject.

 

ISLAMABAD  -  The Supreme Court of Pakistan on Monday ordered Election Commission of Pakistan (ECP) to conduct re-elections in PB-50 Qila Abdullah, Balochistan. The court dismissed the deci­sion of ECP for re-election in only six polling stations. 

The top court instructed the electoral body to ensure trans­parent polling in the provincial constituency. 

The petitioner’s lawyer ad­opted the stance that argument of 99% voting turnout in cer­tain polling station was not ad­missible as many other polling stations also had the same vot­ing ratio. The lawyer said that re-polling was ordered in only those constituencies where his client was succeeded. JUI’s lawyer argued that there was a contradiction in form 45 and 47, of the polling stations from where petitioner Zamurd Khan won the elections.

Chief Justice Qazi Faez Isa remarked that the court shouldn’t be dragged in such intricacies rather the appeals should be moved to election tribunals. This court couldn’t hear the 400 cases pertaining to elections, he said. The CJP, how­ever, ordered for elections in com­plete constituency after the re­spondents agreed on it. It may be mentioned here that Awami Na­tional Party’s candidate Zamurd Khan had achieved victory in the said constituency.

Also, Supreme Court of Pakistan on Monday granted time to Sindh’s Advocate General to take instruc­tions from provincial government in an appeal pertaining to tax col­lection by cantonment board across the country. The court, however, maintained it stay order against the order of Sindh High Court (SHC) for returning of the tax amount. The court said that the cantonment board could collect tax till next date under act of 1958 and adjourned the case till April 22.

A five member bench headed by Justice Mansoor Ali Shah heard the appeal of Attorney General of Paki­stan against the verdict of SHC into the matter. The AGP argued that a presidential ordinance was pro­mulgated in 1979 on property tax law of 1958. The ordinance was given constitutional protection in 1985 through the 8th amendment. 

He said that the tax collection by the cantonment board was a feder­al subject. Justice Mansoor Ali Shah remarked that why the Sindh gov­ernment doesn’t make this a pro­vincial matter with an amendment. 

The court asked the Advocate General Sindh to take instructions from the provincial government and inform the bench on next hear­ing. Further hearing of the case was then adjourned till April 22.

Also, the Supreme Court of Paki­stan on Monday sent the matter of fixation of sugar price to the judges committee for formation of a larg­er bench to hear the case. A three member bench, headed by Justice Mansoor Ali Shah heard the case. Sugar Mills Association’s Counsel Shehzad Ata Elahi argued that a larger bench should be constitut­ed under the Supreme Court Prac­tice and Procedure Act. The fed­eral government issued directives for fixation of sugar price across the country in July and September 2021, which was challenged before the court. The lawyer said that the concern court gave judgment in fa­vor of his client. He said that the Parliament was not authorized to fix the price of edibles as per the federal legislative list. The court decided to form the larger bench in the case and adjourned hearing for indefinite time. Meanwhile, Su­preme Court of Pakistan on Mon­day served notices to respondents including the federal government in a case against imposition of al­leged extra taxes in electricity bills.