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The Supreme Court (SC) on Tuesday rejected Awami Muslim League (AML) chief Shaikh Rashid's plea for going ahead with the polls in NA-60 after they were deferred by the Election Commission of Pakistan (ECP) after a special court disqualified a candidate, PML-N leader Hanif Abbasi, in the ephedrine case.
The top court validated the Lahore High Court's (LHC) verdict to upheld the ECP's decision, on the basis that it is practically impossible to hold elections in NA-60 on Wednesday, July 25. According to the ECP, it would take a lot of time to print new ballot papers for the 700,000 voters residing in the constituency.
Abbasi was disqualified just three days ahead of the general elections. At the time of his conviction, all preparations for the polls, including printing of ballot papers inscribing his name, had been finalised.
Furthermore, he was the only PML-N candidate in the constituency as the party had not fielded any covering contestant in NA-60.
Subsequently, the ECP postponed the polling in NA-60 constituency following Abbasi's disqualification by the Control of Narcotics Substances (CNS) Court in Rawalpindi a day earlier.
As the ECP is "bound to provide a level playing field to all candidates [...] the general election in NA-60 is postponed and will be conducted after the scheduled general elections, along with other postponed elections," the commission had said.
Yesterday, Rashid — who otherwise would have enjoyed a virtual walkover in the absence of his main rival — had moved the LHC against the ECP's decision. However, the high court rejected his plea, prompting Rashid to move the top court.
LHC Justice Mustaqeem, while dismissing Rashid's plea earlier, had considered the possibility of printing new ballot papers, at which the ECP's lawyer informed him that it was out of question because it would take a lot of time to print new ballot papers for the 700,000 voters residing in the constituency.
The apex court heard Rashid's petition today, in which he had argued that the election could only be postponed by a returning officer (RO) if one of the candidates passes away. He argued that the ECP had no right to postpone the election for any other reason.
Chief Justice Mian Saqib Nisar had subsequently issued notices to the federal government and the ECP, seeking their responses to the petition. He had remarked that the petition was being heard to elaborate on the point Rashid had raised.
However, after hearing the facts of the matter, the chief justice eventually advised Rashid to wait and contest a 'fair' election instead of winning on a walkover, "not for himself but for the sake of voters".
Comments (20) Closed
Agreed. SR knocked out of NA atleast for sometime.
Sheikh Rashid should wait and then win against a candidate. That would be fair.
Good verdict.
Postponement of NA-60 election by ECP and rejection of Sheikh Rashid's plea by LHC & Supreme court is very strange as there are still four candidates in the run after the exit of Hanif Abbasi from the race on criminal charges !
Good decision.
Why do the politicians always look for a loophole, rather than accepting the rational outcome - that it practically impossible to print new ballot papers in time?
This does not seem to be right and fair to other people who are not criminals. It shows that courts are not sure about their own decision of putting Abbasi behind bars. Why election be postponed for criminals? What about 700 thousands in the constituency who are not criminals? They will sit home and watch as country decides their fate??
If it is a conspiracy, then Sh. Rasheed will emerge victorious.
This is just ridiculous. Why couldnt the name of Abbasi be blacked out by Returning Officer as PMLN voters wouldnt have voted any way, or they would have voted for whomever their party would have done seat adjustment with.
The right decision by SC.
Why did Shaikh Rashid not predict, as his usual practice, the outcome of his plea to the Court, before even taking the trouble?
They don't have to print the ballot papers again. They can obscure the disqualified candidate with a mark. Ot the fault of Sheikh Rashid.
If this is to be ....... then why have rules .
They had no choice. Otherwise they would have let this go ahead. CJ politely advised to SR that it’s better if can win later on. Very nice.
He wanted a walkover and too short of honesty.
Would it be different if the candidate had withdrawn from election?
This verdict actually makes sense. Rashid should compete in a fair and square competition rather than walking a wining one. Good Observation though
Ik just dumped sh.back to streets for sheikh again.
@Shah with such an understanding of the electoral process I’m scared that people are voting.
It spoiled the enthusiasm of NA-60.