CJ remarks some tactics ostensibly being employed to avert the elections
SC strikes down PHC decision. The Supreme Court on Tuesday nullified the Peshawar High Court‘s (PHC) decision to suspend the appointment of a returning officer in Kohat on the Election Commission of Pakistan (ECP) plea.
Last week, the electoral body Thursday filed an appeal in the Supreme Court against the PHC order, suspending its order about the appointment of Irfanullah as a returning officer (RO) for the provincial assembly constituency of PK-91 Kohat II, Khyber-Pakhtunkhwa (KP).
The electoral body filed through its counsel Afnan Karim Kundi Advocate the leave to appeal under Article 185(3) of the Constitution against an order, passed by the PHC on December 27, in petitions, filed by a contestant of the constituency, raising objections on the returning officer’s appointment.
Approving the ECP appeal against the high court ruling, Chief Justice of Pakistan Qazi Faez Isa remarked that some tactics were ostensibly being employed to avert the elections.
This the Supreme Court CJ said hearing the Election Commission of Pakistan (ECP)’s appeal against the suspension of PK-91 returning officer (RO) by the Peshawar High Court (PHC).
During the hearing, the ECP lawyer argued that the single bench suspended the RO on December 27 without notifying the commission. The RO himself had sought leave on medical grounds, and the PHC did not write anything against the new RO in its order, the lawyer added.
The chief justice asked the complainant if he wanted to get an RO of his preference appointed. One RO fell ill another was appointed and the PHC cancelled the appointment at the stroke of a pen, he maintained.
“Should we not fine you for the cancellation of the appointment without a notice? The PHC judge did not even consider issuing a notice suitable,” he said wondering what kind of orders were being passed by high courts.
The CJP asked what impact it would have if RO was some specific person.
The complainant said his objection was that the RO did not conduct his scrutiny.
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The ECP lawyer said the scrutiny process was stopped after the PHC issued the order on December 27. He said the nomination papers of 31 candidates were submitted. The CJP said he would issue an order to continue the scrutiny then. “Do you want to halt the elections,” he asked.
The top court ruled that the commission changed RO from PK91 on an explainable basis and the ECP did not conduct any illegal or unconstitutional measures. Hence, the election commission should immediately begin the scrutiny process in the constituency, he added.
