Reply sought from ECP in Punjab Assembly reserved seats case

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LAHORE: The Lahore High Court on Monday sought replies from the Election Commission of Pakistan (ECP) and other respondents on a petition against non-issuance of notification of five reserved seats of the MPAs after the disqualification of 25 MPAs who defected in the election of Chief Minister Hamza Shehbaz.

Pakistan Tehreek-i-Insaf (PTI) MPA Zainab Umair filed the petition against a decision of the ECP wherein the matter of the notification of her party’s MPAs against five reserved seats was deferred until the by-polls on the 20 general seats scheduled for July 17.

Petitioner’s counsel Azhar Siddique argued before the court that although the ECP had vast powers, it could not assume the role of the court to interpret any law. He said the impugned decision of the ECP showed that it had been passed while assuming the role of the court.

He said the mala fide on the part of the respondents was evident from the fact that despite knowing that reserved seats were to be filled in forthwith, the ECP declined to exercise their powers vested under articles 224 & 106 of the Constitution.

The counsel argued that the ECP passed the impugned decision had been issued in violation of the fundamental rights of the petitioner. He said the ECP showed its clear mala fide by seeking assistance from the attorney general of Pakistan and advocate general of Punjab as both law officers were supposed to defend the opinion of PML-N.

He asked the court to set aside the impugned order and further direct the ECP to immediately issue the notifications for the five elected MPAs for the reserved seats as the list had already been provided by the political party.

After hearing the arguments, Justice Shujaat Ali Khan issued notices to the federal and provincial law officers to submit replies on behalf of the ECP and other respondents by June 21.

Published in Dawn,June 7th, 2022

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