SC postpones April 10 by-polls in NA-75 Daska

ISLAMABAD: The Supreme Court (SC) Thursday postponed by-elections, scheduled to be held on April 10 in the National Assembly constituency NA-75 Daska.

A three-member apex court bench, headed by Justice Umer Ata Bandial, and comprising Justice Sajjad Ali Shah and Justice Muneeb Akhtar, heard the petition. The petition was filed by Pakistan Tehreek-e-Insaf (PTI) candidate Ali Asjad Malhi, challenging the Election Commission of Pakistan (ECP) order of February 25, 2021, declaring the by-election in NA-75 Daska void, and ordering re-polling.

“The polling in NA-75 Daska on April 10, 2021, has been postponed till further orders,” the court announced in a short order.

The court held that Salman Akram Raja, the counsel for PML-N candidate Nausheen Iftikhar, was still arguing and he would require further time to conclude his arguments and, thereafter, the counsel for Election Commission of Pakistan (ECP) and others would also take time to make their submissions, followed by the counsel for the petitioner in case he wishes to reply. The court expected that the matter would require further time and could not be concluded on March 25, hence the matter be fixed as soon as the bench was available at Islamabad and adjourned the matter for date-in-office (for an indefinite period of time).

Earlier, the counsel for PML-N candidate presented complete map of Daska constituency before the court. He submitted that there were some 76 polling stations in Daska city, of which there were complaints received from 34 polling stations, adding that some 20 presiding officers went missing. The counsel said that it was told that polling at some 10 polling stations remained disrupted.

“But the question arises as to who did it, and why disturbance was created on the polling day,” Justice Bandial asked. Salman Raja said that the family of his client was quite popular in the area and had great influence. He contended that Nausheen's father had won Daska seat for five times, adding that she was supposed to poll 46,000 votes, while the PTI candidate was expected to poll 11,000 votes. The counsel said it was in the PTI candidate's interest to sabotage elections since its candidate did not stand a chance of winning the contest. Justice Bandial asked if the PML-N had influence in the area then what was the need of creating disturbance and violence there.

“You have to establish as to why re-polling is needed in the whole of the constituency on the complaints of 23 polling stations,” Justice Bandial asked the PML-N counsel. Salman Akram Raja submitted that complaints had been received from half of the polling stations of the constituency.

Justice Muneeb Akhtar told the counsel that 76 polling stations of Daska city could not be called half of the polling stations. “I apologise; it’s one-third and not half,” Raja replied. “There is a difference between one-third and half, so be careful in your arguments,” Justice Muneeb told the PML-N counsel.