ECP to challenge LHC remarks on poll symbol case, seek removal

ISLAMABAD: In an unusual move, the Election Commission of Pakistan (ECP) has decided to file a civil miscellaneous application in the Lahore High Court to expunge the court’s remarks against the commission in the verdict on the election symbol case.

The ECP will escalate the matter to a higher forum if its plea is rejected.

The five-member election commission bench issued the order after conducting a hearing on the matter and reviewing the LHC order of January 17. The commission had issued notices to Muhammad Shahid (REC Bahawalpur), Muhammad Qayyum (DEC Bahawalpur), Muhammad Jaffar (AD Law, Bahawalpur), and returning officers of various constituencies.

The LHC Bahawalpur bench, in response to writ petitions seeking a change of poll symbols, had criticised the election commission and a returning officer for violating the law and not performing their duties accordingly. The court had issued notices to several officials, including the chief election commissioner of Pakistan and the provincial election commissioner of Punjab.

The ECP’s order reproduced parts of the LHC order, emphasizing the court’s remarks against the commission and its officers.

The election commission, through a civil miscellaneous application, aims to have these remarks expunged. In the event of rejection, the ECP intends to approach a higher forum.

The order highlighted that the election commission is aware of its constitutional duties and performs them on time. It emphasised that the remarks of the honourable court are baseless and, therefore, the ECP has decided to seek their removal.

Regarding the LHC’s order dated January 17, the ECP clarified that Section 67 of the Elections Act, 2017, mandates the returning officer(s) to allot election symbols to contesting candidates. The commission criticized the court for passing verbal directions without hearing the ROs and the ECP, leading to a restriction on changing candidates’ symbols.

The ECP pointed out that any alteration in Form 33 would delay the election, considering the printing of around 260 million ballot papers for the upcoming election on February 8.

The order concluded by saying that the commission, in partial modification of its earlier letter, has decided to refer the matter of symbol allotment to the returning officers concerned with directions to decide the same under the law.