ISLAMABAD: The Islamabad High Court (IHC) on Monday asked Pakistan Tehreek-i-Insaf (PTI) to approach the Election Commission to get published the results of every polling station in the country on the official website of the ECP.

A division bench, comprising Justice Noorul Haq N. Qureshi and Justice Athar Minallah, heard PTI additional general secretary Saifullah Khan Niazi’s petition seeking directions to the ECP for publishing/uploading Form 14 on its official website.

Form 14 contains the detailed results of every polling station from an electoral constituency.

Mr Niazi through his counsel Shoaib Shaheen contended before the court that a presiding officer dispatched the detailed results of a polling station to the ECP under the public representation act’s section 38, sub-section 9 - Form 14.

Under the act, every citizen has the right to access the form, he added.

Petitioner says ECP should upload results of all constituencies on its website

Justice Athar Minallah asked the petitioner under what law it was binding on the ECP to publish the form? The judge said if the constitution did not permit something, the PTI should bring an amendment to the law through parliament.

When Justice Qureshi asked the PTI counsel if the petitioner had contacted the ECP, he said they had served the ECP with a legal notice on October 21.

At this, the bench directed the petitioner to file an application with the ECP as per rules.

The court observed that the chief election commissioner had been a judge of the Supreme Court and the petitioner should have trust in him.

The bench directed the counsel to seek more advice from his client and adjourned the hearing with a date in office.

The PTI, in its petition, contended that they had pointed out several discrepancies and irregularities in the electoral process during the 2013 general elections and also lodged a countrywide protest.

The PTI also sent a legal notice to the ECP requesting it to publish Form 14 on its official website.

The petitioner said the ECP had not yet responded to his legal notice. Not publishing Form 14 is a violation of the fundamental right to information that is guaranteed under Article 19-A of the constitution, he said.

Article 19-A of the constitution reads: “Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.”

“Not acceding to our request, the ECP has been violating the constitution of Pakistan. Moreover, it is an established law that the state authorities are bound to ensure that there is no breach or violation of the fundamental rights of the citizens.”

The petitioner contended that the matter was of great public importance and the IHC may direct the ECP to publish/upload Forms 14 of all constituencies of national and provincial assemblies on its website.

Published in Dawn, November 11th, 2014