Daska by-polls: ECP action against Sialkot district officials declared void

LAHORE: The Lahore High Court on Wednesday said the Election Commission of Pakistan has no jurisdiction to initiate proceedings against district officials.

Setting aside the disciplinary proceedings initiated by the ECP against the then district administration officials and others over alleged irregularities in the Daska by-election in NA-75, the court declared action against the district police officer, deputy commissioner, assistant commissioner and others as invalid. The court held that the petitioners are no longer election officials, hence the ECP has no jurisdiction to initiate proceedings against them. The by-election in the Sialkot constituency gained national importance after the ECP declared February 19, 2021, polls void due to multiple incidents of violence and serious irregularities. Later, the electoral body initiated proceedings against officials involved in the Daska by-poll fiasco. The action was launched after an inquiry report revealed that the NA-75 Sialkot-IV by-election held in Daska was not conducted in a fair, accessible and transparent manner.

However, the officials, including the former Sialkot deputy commissioner, and others challenged the ECP’s action in the high court, which reserved the verdict on the pleas on November 25.

The petitioners’ counsel implored the court that upon annulment of the election in the constituency by the electoral body, their clients are no more election officials, as defined under Section 2(xviii) of the Act, 2017, and the commission against them could conduct no proceedings.

They contended that the commission had no jurisdiction to initiate the impugned disciplinary proceedings against the petitioners, who were no longer under its control. It was argued that the prime duty of the ECP is to administer oath.

If a person is deployed for election duty without adhering to the said statutory provision, he does not fall within the definition of an election official. Thus, the commission cannot take disciplinary action against such persons.

The court, after hearing the petitioners, reserved its verdict and later declared the ECP’s proceedings void.