PHC rejects all 19 petitions against re-polling in 14 districts

PESHAWAR: Vacating the stay order on re-polling at 356 polling stations for the local government elections, the Peshawar High Court (PHC) on Friday dismissed all 19 writ petitions filed against the Election Commission of Pakistan’s notification about re-polling in 14 districts of Khyber Pakhtunkhwa.
As a consequence, the ECP would issue new schedule for the re-polling at these polling stations.The ECP had announced re-polling at the 356 polling stations after receiving reports of the Presiding Officers, Returning Officers and District Returning Officers regarding stopping of polls due to the poor law and order situation, rigging and mismanagement.
Most of the reports pertained to the female polling stations where either women were stopped from voting or the polling was halted due to the law and order situation created by supporters of the candidates.
A two-member bench comprising of Justice Waqar Ahmad Seth and Justice Qaisar Rashid Khan issued a short order dismissing all the 19 writ petitions.“All these writ petitions are non-maintainable as the high court has no jurisdiction to hear these cases. Reasons to be recorded later in detailed judgment,’ read a short order passed by the court.
Through the impugned notification, the ECP had ordered fresh re-polling in the contest for village and neighbourhood council, and tehsil, town and district councils where polling was stopped and interrupted due to snatching of ballot boxes and ballot papers, entrance of miscreants and other reasons when local government elections were held across the province on May 30. The largest number of polling stations where fresh polling was ordered was in the Nowshera district, the hometown of Chief Minister Pervez Khattak, as re-polling was to be held there at 87 polling stations.
The details of polling stations in other districts where re-polling was ordered include 30 polling stations in Peshawar, 45 in Charsadda, 42 in Mardan, 17 in Swabi, 70 in Karak, 28 in Bannu, eight each in Lakki Marwat and Dera Ismail Khan, seven in Abbottabad, five each in Mansehra and Kohat, three in Hangu and one in Buner.
While giving his arguments, Shumail Ahmad Butt, counsel for the ECP, submitted that all the writ petitions were non-maintainable as the proper forum for these cases was the Election Tribunal.