SC takes up plea challenging ECP order on Daska by-polls today

ISLAMABAD: The Supreme Court (SC) will take up today (Wednesday) a petition challenging the order of Election Commission of Pakistan’s (ECP) of February 25, 2021, ordering re-polling at National Assembly Constituency NA-75 Daska by-polls. A three-member bench of the apex court will hear the petition filed by Ali Asjad Malhi, Pakistan Tehreek-e-Insaf’s (PTI) candidate in the NA-75 Daska by-election.

Malhi had prayed the apex court to set aside the order passed by the ECP, dated February 25, 2021 and directing the ECP to declare and notify the result of the elections in accordance with law especially under Section 124 of the Elections Act 2017. The petitioner had made ECP as well as his opponent candidate Nosheen Iftikhar of PML-N and others as respondents.

On February 25, 2021 soon after the by-elections held at NA-75-Daska on February 19, the ECP had declared that conducive environment was not available for the candidates and voters of the said constituency and the election there had not been conducted fairly, honestly and in transparent manner, while incidents of firing, murders and injuries, bad law and order situation in the constituency creating harassment for the voters and other circumstances leading to make process of result doubtful. The ECP had declared the poll as void and ordered fresh poll in the entire constituency on March 18, 2021.

The ECP had also ordered suspension of the relevant deputy commissioner, District Police Officer (DPO), assistant commissioner and SPDO Daska. The petitioner Ali Asjad Malhi, however, in his petition contended that the ECP failed to examine the available record, adding that its order of re-polling in the entire constituency was not in line with facts. He had submitted that the ECP had no jurisdiction to pass a short order in the matter as such the jurisdiction only vests in the court of law dispensing jurisdiction under Constitution.