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Hearing on delay in Punjab by-polls to continue today

* Govt’s counsel says Punjab government not provided opportunity to present its case before ECP
* Sheikh Rashid requests early decision

Staff Report

LAHORE: A division bench of the Lahore High Court (LHC) on Wednesday postponed until Thursday (today) the hearing of inter-court appeals against a single bench’s orders to postpone by-elections in Punjab, after hearing some arguments of the government’s counsel.

The bench consisted of Justice Umar Ata Bandial and Justice Ijazul Ahsan.

Justice Mian Saqib Nisar on October 9 had accepted the government’s plea and postponed the by-elections on the ground that the Punjab government did not get an opportunity to present its case before the chief election commissioner (CEC).

Muhammad Azhar Siddique advocate, a candidate from NA-123, Awami Muslim League chief Sheikh Rashid, a contestant from NA-55 and Hafiz Salman Butt, a candidate from NA-123, have filed inter-court appeals against court orders.

Not provided: Punjab government’s counsel Khawaja Haris said the Election Commission of Pakistan (ECP) did not provide an opportunity to the Punjab government to present its case before announcing the election schedule. He said the Punjab government could not announce the election schedule because of the prevailing uncertainty over law and order.

He said in the present circumstances, all stakeholders, including the federal government, the ECP and security agencies should jointly evolve a strategy to hold by-elections. The bench remarked that elections were essential for democracy to continue and should be held under any circumstances.

Early decision: Sheikh Rashid requested the court to decide the matter urgently, as the schedule for by-polls would expire on November 7.

The petitioners’ counsel said the Punjab government was not competent to file a constitutional petition because it was not an aggrieved party under Article 199. He said the CEC had given ample opportunity to the government to present its case. He said the people of any constituency could not be deprived of their right to elect their representative for an unlimited period.

He said it was the responsibility of the government to maintain law and order and abide by the CEC directions to hold elections. He requested the court to set aside the single bench’s order and direct the CEC to hold the elections as scheduled.

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