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LHC dismisses appeals against by-poll postponement

Thursday, 26 Nov, 2009
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The bench ruled that the provincial govt has no constitutional right of hearing before the announcement of the election schedule. — File Photo
LAHORE: A division bench of the Lahore High Court dismissed on Wednesday three intra-court appeals against the postponement of by-elections in Punjab, upholding an earlier decision by a single-judge bench.

However, the bench comprising Justice Umar Ata Bandial and Justice Ijazul Ahsan ruled that the provincial government had no constitutional right of hearing before the announcement of the election schedule.

The court observed that the provincial government could only assist the election commission about the situation on ground and suggest when and under what arrangements an election might be held.

The provincial government, the bench added, had no right to block announcement of an election schedule by Chief Election Commissioner of Pakistan and insist on its right of hearing.

The court ruled that the writ petition filed by the Punjab government before the single-judge bench was maintainable and the issuance of election schedule by the CEC was justifiable. However, material and views of the provincial government should have been considered by the CEC before announcing the new schedule.

The intra-court appeals were filed by Awami Muslim League chief Sheikh Rashid Ahmad and Advocates Mohammad Azhar Siddique and Manzoor Ali Gillani.

Meanwhile, Sheikh Rashid announced that he would move the Supreme Court against the decision. He told reporters that the decision was according to his expectations, adding: ‘I expect the same justice from the Supreme Court which it rendered to Nawaz Sharif (PML-N chief).’

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