ISLAMABAD, Dec 20: The Election Commission has said that it is not empowered to declare results of those constituencies void where detailed inquiry is needed to ascertain the allegation of irregularities during the elections.

Disposing of petitions on Friday, filed by PML-N candidate Ahsan Iqbal from NA-117 Narowal-III and Azharul Hasan, a candidate from PP-135 Narowal-IV, the Election Commission observed that the petitions were not maintainable.

The EC, led by Justice Irshad Hassan Khan (rtd), said that the controversies raised in the petitions revolved around the interpretation, scope and jurisdiction of the Commission in declaring election result void.

The Commission observed that a plain reading of Section 103AA of the Representation of People Act made it clear that the Election Commission had discretion to declare a poll void only if it was “apparent on the face of the record” and after such “summary inquiry” had come to the conclusion that great irregularities were committed in the conduct of polls in any constituency.

It said an aggrieved candidate could avail the remedy by filing an election petition before an Election Tribunal as contemplated under Section 52 of the Act as well as Article 225 of the Constitution.

The EC said that in the present case, the “facts apparent on the face of the record” do not indicate commission of grave illegalities or violation of any law or the rules.

The EC stated that the provisional notification declaring Riffat Javed Kahlon as returned candidate from NA-117 Narowal-III constituency and Khizar Ilyas Virk as returned candidate from PP- 135 Narowal-IV constituency should be treated as final.

The EC also disposed of two applications filed by PPP candidate Khalid Kharal and Ghulam Shabbir Khan, claiming that Riaz Khan Fatyana, the returned candidate from NA 94, Toba Tek Singh, should be disqualified on the ground of his conviction by two Accountability Courts on the charges of misuse of powers and corrupt practices under the provisions of NAB Ordinance.

The EC said that Mr Kharal had the only remedy to challenge the election of the returned candidate before the Election Tribunal and his prayer for declaring him returned candidate was misconceived.

The Commission said that appeals of Mr Fatyana were pending before the LHC, and the matter was sub judice.