Daska NA by-polls: Illegalities on part of local admin will have to be proved, says SC

ISLAMABAD: The Supreme Court (SC) Thursday observed that the Election Commission of Pakistan (ECP) did not mention in its judgment any design on the part of local administration by creating hindrances in the voting process during the by-polls in National Assembly constituency NA-75, Daska.

A three-member bench of the apex court, headed by Justice Umer Ata Bandial, heard the petition of Pakistan Tehreek-e-Insaf (PTI) candidate Ali Asjad Malhi, challenging the ECP order of February 25, 2021, declaring the by-election at NA-75 Daska void and ordering re-polling in the whole constituency.

Salman Akram Raja, counsel for the Pakistan Muslim League-N (PML-N) candidate Nausheen Iftikhar, while continuing his arguments through video link from Lahore Registry, submitted that the Election Commission found that there were some designs on the part of the local administration of creating hindrances during the Daska by-polls. Justice Muneeb Akhtar, however, observed that the ECP did not mention any such thing in its judgment regarding hindrances, created by the local administration during the voting process.

“In which para the Election Commission had said this,” Justice Muneeb asked Salman Raja. The counsel, however, submitted that level playing field was not ensured by the local administration during the election process.

“This is your inference,” Justice Muneeb told the counsel. Justice Bandial reminded the counsel that he had earlier argued repeatedly that 20 presiding officers went missing along with the police escort.

Salman Raja submitted that there was a perception that election was not held in transparent manner and the civil administration did not cooperate in Daska with the Election Commission and this non-cooperation benefited the opposite candidate.

Justice Muneeb Akhtar, however, asked the ECP counsel that he came to know later on about Sialkot while according to initial information, the ECP was ignorant about the whereabouts of the staff.

The ECP counsel submitted that every presiding officer had three mobile numbers; however, all the phones of 20 presiding officers had been switched off. Meanwhile, Justice Bandial asked the ECP counsel to establish that there was an organised plan of rigging of the instant election. If not, he will have to tell the court about any violation of the law made during the voting process. The court adjourned the hearing until today (Friday) wherein the counsel for the ECP will continue his arguments.