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ECP’s role ends after election win notification: SC

Top court’s Justice Ayesha Malik observed Wednesday saying role of the Election Commission of Pakistan is over once after issuing notification of the winning candidate – election tribunal is competent to decide all the subsequent matter.

During the hearing of a petition against re-polling at four polling stations in the Balochistan Assembly constituency of PB-9, Justice Malik sought the reasons, as to why the order for the re-polling should be suspended.

The apex court bench, led by Justice Muhammad Ali Mazhar and also including Justice Irfan Saadat Khan, issued notices to the relevant parties, including the ECP, the attorney general for Pakistan (AGP) and others on the appeal against election victory of Nawab Chenghaiz Khan Marri.

Ali Zafar, the lawyer for the petitioner, told the court that Marri, who belonged to the Pakistan Muslim League-Nawaz (PML-N) was won the PB-9 election on February 8. However, the voting could not take place at four polling stations because of the law and order situation.

Later, on the request of Mir Naseebullah Khan of the Pakistan Peoples Party (PPP), the ECP ordered a re-polling at seven polling stations, which was held on February 16, and Marri still won the election and took oath as the Balochistan Assembly member on February 28.

Justice Malik asked the lawyer why the re-polling order should be suspended. Justice Khan inquired from the ECP lawyer whether the ballot papers have been printed or not? He remarked that it would be inappropriate to stop the voting when the ballot papers were printed.

The ECP counsel replied that he would inform the court about the ballot papers after getting the information from the ECP. However, he added that polling was scheduled for April 24. The court adjourned the hearing till April 22.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner – Mohla & Mohla – Advocates and Legal Consultants, Islamabad, Pakistan. A Satirist and Founder of The Law Today Pakistan (TLTP) Newswire Service. Teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at mohla@lawtoday.com.pk.

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