PHC stays local government re-polling at last minute

Published July 4, 2015
Asks Election Commission to respond to petitions against July 5 voting. —PPI/File
Asks Election Commission to respond to petitions against July 5 voting. —PPI/File

PESHAWAR: Suspending a notification of the Election Commission of Pakistan, the Peshawar High Court stayed the local government re-polling at 356 polling stations in 14 districts of Khyber Pakhtunkhwa on Friday, just two days before the electoral exercise was slated to happen.

A bench comprising Justice Mrs Irshad Qaisar and Justice Mohammad Daud Khan directed the ECP to file response within a week to around a dozen petitions filed by candidates against the re-polling on different grounds.

The bench observed that the ECP’s June 25 notification through which the re-polling was ordered will remain suspended till July 14, the next date of hearing fixed by the court.

Through the impugned notification, the ECP had ordered fresh polling at polling stations on those categories of seats in village and neighbourhood council, tehsil and town council and district council of the province where polling was stopped and interrupted due to snatching of ballot boxes and ballot papers, entrance of miscreants and other reasons when local government elections were held across the province on May 30.


Asks Election Commission to respond to petitions against July 5 voting


The largest number of polling stations where fresh polling was ordered in Nowshera district, the home town of Chief Minister Pervez Khattak, as re-poll has to be held in 87 stations. Details of polling stations in other districts include: 30 stations in Peshawar, 45 in Charssada, 42 in Mardan, 17 in Swabi, 70 in Karak, 28 in Bannu, eight each in Lakki Marwat and Dera Ismail Khan, seven in Abbottabad, five each in Mansehra and Kohat, three in Hangu and one in Buner.

A representative of the ECP requested the bench not to suspend the notification as preparations had already been completed and election material sent to the respective districts.

There are two major categories of petitioners: one of the categories includes those who claim that notifications were issued regarding their success in the polls and later on re-polling was ordered in certain polling stations in their respective wards, while the other includes those contesting candidates who want that the re-polling should be held after the month of Ramazan.

Several lawyers appeared for the petitioners including Aamir Jawed, Amjid Ali, Arshid Jamal Qureshi, Naveed Akhter, Khusdil Khan, Qazi Zakiduddin, Sahibzada Riazatul Haq, Moazam Butt etc.

The lawyers contended that a bench of the high court headed by Justice Ikramullah Khan at DI Khan Circuit Bench had already suspended the impugned notification on Jun 30, but despite that the ECP went ahead with holding the fresh polling as per schedule on Jul 5. They also produced a copy of the order of the said bench.

The lawyers for petitioners said once the ECP issued notification declaring their clients winners from their respective wards, it had no powers to order re-polling in any polling station in those wards.

They said under the Khyber Pakhtunkhwa Local Government Act, 2013, the ECP had no authority to order fresh polling at a polling station.

The counsels stated that while the concerned presiding officers had categorically denied that no disturbance had taken place in those polling stations the concerned DROs, who were the deputy commissioners, were under pressure from the government and they had recommended to the ECP to hold fresh polling there.

Contesting candidates of different political parties for Nowshera Tehsil council from Ward 30, Misri Banda area, including Aftab Ali Khan and others, have filed joint petition requesting to hold the re-polling after month of Ramazan. Their counsel, Arshad Qureshi, contended that because of Ramazan, voters won’t be able to cast vote.

One of the petitions is filed by PTI MPA Zahid Durrani, who has requested the court to declare the May 30 local government elections void on account of massive rigging and mismanagement and to order fresh elections.

Durrani has also requested the court that as interim relief the newly elected councilors may be restrained from taking oaths and the elections of nazimeen and naib-nazimeen of districts and tehsils councils may also be stopped. However, that plea has so far not been heard by the court.

Published in Dawn, July 4th, 2015

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