Preventing any delay in polls: SC rejects objections to delimitations

ISLAMABAD: The Supreme Court, while closing the door on any delay in the February 8 general elections, ruled on Monday that there is no justification left for raising objections against the delimitation of constituencies after the release of the election schedule.

A three-member bench of the apex court, headed by acting Chief Justice Sardar Tariq Masood and comprising Justice Syed Mansoor Ali Shah and Justice Athar Minallah, set aside the order of Balochistan High Court (BHC) regarding delimitation of two provincial constituencies after granting leave to appeal to the Election Commission of Pakistan (ECP).

The BHC had changed the ECP delimitation of constituencies in Shirani and Zhob. The electoral body had filed an appeal in the apex court against the BHC order. During the hearing, Sardar Tariq Masood observed that he did not understand as to why everybody wanted to delay the elections.

Justice Syed Mansoor Ali Shah observed that after the electoral body issued schedule for holding the upcoming polls, pleas pertaining to delimitation of constituencies have become infructuous.

“By providing a relief to an individual, the whole electoral procedure could not be affected,” Justice Mansoor remarked, adding that a line had to be drawn and a limit needed to be set in this regard.

Similarly, Justice Athar Minallah questioned as to how the high court used the authority of the constitutional body - the ECP. Justice Mianallah observed that flood of pleas would be filed in the apex court if decision was given on the ECP plea. “When schedule is announced by the electoral body for polls then everything comes to a halt,” the judge remarked, adding that the huge challenge now for the ECP was to ensure holding of free and fair polls in transparent manner, enshrined in the Constitution.

Later, the court set aside the order passed by the BHC. Recently, a three-member bench of the apex court headed by Chief Justice Qazi faez Isa had held that the Lahore High Court has derailed the process of elections with a stroke of pen after restraining the election officers form performing their functions throughout Pakistan.

The bench had heard an appeal filed by the ECP against the LHC order halting the training of district returning officers (DROs) and returning officers (ROs).