ECP may move SC against annulment of poll schedule

ISLAMABAD: The Election Commission of Pakistan (ECP) is mulling the option of moving the Supreme Court against the Lahore High Court’s decision of Tuesday, which declared the schedule for polling for reserved seats of local bodies in Punjab void, asking the electoral body to issue the schedule anew.

It was learnt that all preparations were finalised, including appointment of returning officers, district returning officers (many had reached respective stations) and other supporting staff had been imparted training as well besides printing of ballot papers, transportation of sacks, bags, stationery, forms, stamps and even pads to respective destinations (schools etc). 

The schedule was in field since August last year with hiccups till August 24, when the LHC announced the judgement in the light of arguments given by arguments by lawyers of political parties. These include one that since the number of reserved seats, for instance for women, had been reduced from three to two, the schedule was no more effective. Poll experts believed that it was not the presence of political parties or their loud arguments, the law should be the basis for passing an order. 

The Election Commission sources said that even in case of reduction of reserved seats from three to two (for instance for women), there was no need for submission of new nomination forms, as already three forms had been filed. Now, if a single new candidate is brought in, nomination paper would have to be filed and printed afresh, meaning thereby, start of the entire exercise again.

As per the schedule, polling was fixed for September 01, 02 and September 03 for indirect seats of district councils, municipal corporations and metropolitan corporation, indirect seats of municipal committees and union councils respectively while oath-taking was to be held on September 10. 

It is interesting to note that there are hundreds of government officers, who could have been transferred and some 30 CSP officers appointed after training, but the process was halted due to the announcement of the election schedule. 

An estimated expenditure of Rs12-13 billion has been incurred from the national exchequer on perhaps one of the largest electoral exercises (local government polls in four provinces), including the expenses borne by the provincial governments and other departments.

“The beauty of the Election Commission of India is that the government and its institutions can’t influence or disrupt the electoral process, particularly after the Indian Supreme Court order in this connection,” a former senior ECO officer told this correspondent, requesting anonymity. 

He explained that around the world, elections commissions were extended fullest support in the conduct of elections and in Pakistan also, after the incorporation of the 18th amendment in the Constitution, it was the exclusive task and domain of the Election Commission of Pakistan to conduct local government elections but this process had unfortunately been marred by interventions.

As per media reports, he pointed out, there was no mention under which law, the Election Commission was to carry out the long-pending exercise afresh in Punjab  and that only PML-N, PPP, PTI and other parties desired to get the exercise postponed. 

During the proceedings before the Lahore High Court, the lawyer of the ECP contended that the electoral body was holding the elections on the orders of the Supreme Court and remaining part of the exercise was also initiated on its orders.

It is recalled that the Election Commission was barred by a court order from examining the nomination papers, submitted by PTI’s candidate Aleem Khan amid reports of allegations that he had submitted fake affidavits.

Similarly, a former senior leader of PTI Akbar Sher Babar had filed a petition in the Election Commission, almost two years back for scrutiny of the party funds. The party had moved the Islamabad High Court, challenging the authority of the ECP to scrutinize its accounts, whereas the ECP ruled it could do so under the law. The case is still pending before the court as well as the electoral body.

“We are not toothless but we are made to look like that. We want to function within our constitutional mandate and limit. And we hope, we shall be allowed to do so,” ECP sources maintained.