ISLAMABAD   -  The Supreme Court of Pakistan Thursday postponed the by-election in NA-75, Daska, which was scheduled on April 10, 2021.

A three-judge bench of the apex court headed by Justice Umar Ata Bandial and comprising Justice Sajjad Ali Shah and Justice Muneeb Akhtar conducted hearing of the PTI candidate Ali Asjad Malhi’s petition against the ECP order to hold re-polling in the NA-75, due to the law and order situation in many polling stations.

The Election Commission of Pakistan had declared by-poll, held on February 19 in NA-75, as void and ordered a fresh election on March 18 which was rescheduled on April 10, in view of the Supreme Court hearing of the matter.

During the hearing, Justice Bandial said that the next week this bench is not available, while Salman Akram Raja, counsel of PML-N contestant Nosheen Iftikhar, needed more time to conclude his arguments. He said that the ECP lawyer also has to make submission and the petitioner’s counsel would rebut, therefore, they have to postpone the poll day (April 10).

The PTI leader had filed an appeal against the ECP under Section 9 (5) of Election Act, 2017 and asked the apex court to set aside its order. The ECP on 1st March had decided that re-poll in the entire constituency (NA-75 Sialkot-IV) should be held.

With the onset of the proceedings, Salman Raja filed the maps and charts related to NA-75. He said that the ECP rightly used its discretionary power to order for re-poll on 19th February because on the polling day the voters in the constituency were terrified. He said that in Daska city, which is the stronghold of his client, 76 polling stations were set up and on the polling day there were firing incidents.

Justice Bandial inquired that who caused commotion and disturbance on the polling day as said one candidate was in strong position, therefore, he/she would not cause the disturbance? Salman Akram argued that voting in 34 polling stations remained suspended for one-and-half-hours. The voting was suppressed; therefore the ECP was right in declaring that the commotion impacted the voting in the constituency and ordered for re-poll. He said that enough material was placed before the ECP to decide about re-polling in NA-75.

Justice Muneeb said that the PML-N candidate had polling agents in 20 polling stations of which Presiding Officers were gone missing with the ballot-papers. He asked from Salman Raja that what did the agents say about the POs. The counsel said that according to the agents of the PML-N candidate, the POs departure was usual but the next day their emergence together with the election material raised concern.

Salman Raja cited various judgments of the superior courts to show that the ECP has enough power to order for re-polling in a constituency if it feels that the commotion and disturbance had impacted the voting. The ECP has vast power and its proceeding could be treated as of election tribunal.

He said that the ECP can decide the matter on the basis of the facts, placed before it, and the inquiry is not the trial. He informed that the notices were issued to the parties and the decision, after hearing them, was not made behind the door.

Justice Bandial said that the ECP did not follow the minimum procedure of natural justice.

Salman Raja contended that detailed hearing was conducted by the ECP and there was no violation of the natural justice as the objections were invited from the PTI contestant on the material submitted by the PML-N candidate.

Later, the bench deferred the hearing for two weeks for further proceedings.