While urging guardian of the ballot in the country ‘Election Commission of Pakistan’ to issue directives for re-poll in Municipal Corporation Ward No.2, District Duki, Balochistan, Advocate Umer Ijaz Gilani argued law empowered the Commission to set-aside earlier election of June 29,2022 in the vicinity where polls process credibility was in question.
Appearing before the ECP, counsel for the applicant, Advocate Umer Ijaz Gilani argued saying the matter in hand is a classic case for the application of section 9 read with section 15 of the Elections Act. He contended that provisions of the Election Act 2017 conferred jurisdiction upon the Election Commission to set aside the election proceedings and this power runs concurrent to the power of election tribunals to pass similar orders.
In July 21, Advocates Umer Ijaz Gilani and Bebarg Sattar Baloch have invoked jurisdiction of Election Commission of Pakistan (ECP) on behalf of applicant Naqeeb Ullah urging to set aside local government election in the vicinity. The applicant alleged that grave illegalities in process of the election provided him grounds to move the ECP in the matter. The applicant has made District Election Commissioner, Duki, Deputy Commissioner/DRO Duki, Hayat Ullah Sagar, opposing candidate ward No.2 Duki, Presiding Officer, Naik Muhammad, ward No.2 Duki as respondents.
Advocate Gilani mentioned the distinction between the two respective jurisdictions saying a matter pertains only to the rights of contesting parties, the jurisdiction then lies with the election tribunals.
However, when the credibility of the entire election process and that of the staff of the Election Commission is at stake, the ECP itself should vigorously and proactively exercise its jurisdiction. With the exercise of its jurisdiction, he requested the Commission should set aside that election where there is doubt regarding the credibility of the process and the integrity of the staff.
Coming to the circumstances of the instant case, Advocate Umer Gilani apprised the ECP that the entire police of the province has taken the instance that the elections were rigged by the winning candidate in connivance with the lower staff of the Election Commission.
He further informed the bench that after its thorough inquiry, the police department stated that the lower staff of the Election Commission was in connivance with the winning candidate. So, there is sufficient material to cast serious doubt on the integrity of the process. This makes no one in the district believe that there was a fair election regardless of the results.
Seeking remedy in the matter, Advocate Umer Ijaz Gilani prayed the Commission that in the circumstances it would only be fair to conduct re-polling in Municipal Corporation Ward No.2, District Duki, Balochistan.
