SHC warns of calling record if ECP does not give reasons for dismissing PTI leaders’ applications

The Sindh High Court (SHC) has warned the Election Commission of Pakistan (ECP) that its 2024 general elections record and proceedings will be called if it is found that detailed reasons have not been recorded on complaints with regard to consolidation of the election results of Karachi’s National Assembly constituencies.

The SHC made this observation on Monday on contempt-of-court applications filed by Pakistan Tehreek-e-Insaf (PTI)-backed independent candidates for National Assembly constituencies regarding violation of the court orders.

PTI-backed independent candidates Khalid Mehmood Ali, Haleem Adil Sheikh and Syed Abbas Hussain, who have challenged the election results of NA-231, NA-238 and NA-247 respectively, had filed a contempt-of-court applications against ECP members for violating the court orders.

The applicants submitted that they had secured the highest number of votes in their respective constituencies but the returning officers did not declare them as the returned candidates from the constituencies.

They said the high court had directed the ECP to decide their complaints with regard to discrepancies in the election results, but the ECP members failed to pass any order on the matter within the stipulated time, thus violating the court order.

They alleged that the ECP did not entertain the complaints of the petitioners despite court orders and dismissed the same without passing a written order or scrutiny of the election record.

The applicants’ counsel, Ali Tahir, submitted that the ECP failed to comply with the orders of the court and rejected the complaints without passing an order after recording the reasons.

He sought initiation of contempt of court proceedings against the chief election commissioner and other members of the ECP. A division bench of the SHC headed by Chief Justice Aqeel Ahmed Abbasi observed that if detailed reasons had not yet been written by the ECP, the applicants were justified to allege that the delay had deliberately been made by the commission and the order of the court was not complied with in letter and spirit.

The high court observed that it shall be constrained to call the entire record and proceedings from the office of the ECP along with the entire record of the petitioners’ cases, including Form 45 and 47 of the constituencies, for the purpose of verifications and thereafter appropriate order may be passed in the instant petitions.

An ECP deputy director law requested time to seek instructions and file comments on the applications along with federal and provincial law officers who also sought time to file comments on the applications.

Granting time, the ECP directed the Election Commission of Pakistan (ECP) and federal law officer to file comments on the contempt application filed by the PTI-backed candidates.

The SHC fixed the matter on March 28 and observed that no further adjournment on any ground would be granted on next date of hearing.

It is pertinent to mention that the SHC had on February 13 ordered that the issue regarding consolidation of the national and provincial assemblies’ constituencies results of Karachi and the discrepancy, if any, in the Form 45 and Form 47 either made in presence or absence of the petitioners or their representatives, shall be resolved by the ECP after scrutiny of the relevant record.

The high court had directed the ECP that decisions shall be made in terms of the Article 218 and Article 224 of the Constitution after complying with all relevant provisions of the Election Act and its rules.