Supreme Court suspends LHC order on ROs, directs ECP to issue election schedule today
Pakistan
Supreme Court suspends LHC order on ROs, directs ECP to issue election schedule today
ISLAMABAD (Dunya News) – The Supreme Court has nullified the Lahore High Court's order which suspended a notification issued by the Election Commission of Pakistan (ECP) regarding the appointments of district returning officers (DROs) and returning officers (ROs) from within the bureaucracy, paving the way for timely general elections.
The apex court also ordered the ECP to issue the election schedule today.
The ECP challenged the LHC's order in the Supreme Court Friday evening. LHC’s decision could potentially cause a delay in the general elections scheduled for Feb 8 next year.
A three-member bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, conducted hearing of ECP’s appeal, with other members including Sardar Tariq Masood and Justice Mansoor Ali Shah.
The bench took up the appeal right away.
During the proceedings, CJP Isa remarked that the Supreme Court won’t allow anyone to derail democracy in the country.
At one point, CJP Isa questioned if elections could be stalled across the country just on the basis of a plea filed by PTI lawyer Umair Khan Niazi.
Directing Swati, an ECP lawyer, to read out the Nov 3 order of the apex court, which stressed for conducting the general elections on Feb 8, the CJP questioned, "Should we proceed with a contempt notice? Barrister Umair Khan Niazi's [petition] constitutes a breach of the Supreme Court's directive.”
The ECP, in its appeal, requested the Supreme Court to declare the Lahore High Court’s order null and void.
A day prior, the Election Commission of Pakistan (ECP) made the decision to approach the apex court in response to the Lahore High Court's suspension of its notification regarding the appointments of district returning officers (DROs) and returning officers (ROs) from the bureaucracy for the impending general elections.
Justice Ali Baqir Najafi of the Lahore High Court had suspended the ECP's Dec 11 notification of administering the Feb 8 general elections through bureaucracy in response to a petition filed by the Pakistan Tehreek-e-Insaf (PTI).
This prompted the ECP to halt the ongoing training of DROs and ROs.
On Thursday, during a consultative meeting, the ECP's legal team recommended approaching the Supreme Court.
Acting upon this advice, Chief Election Commissioner Sikander Sultan Raja held a crucial meeting today (Friday) with Chief Justice of Pakistan (CJP) Qazi Faez Isa, with SC's Justice Sardar Tariq Masood and Justice Ijazul Ahsan, as well as Attorney General for Pakistan Masood Anwar, in attendance.
During the meeting, the chief election commissioner discussed the situation arising from the high court's order with CJP Isa.
According to sources, CJP Isa's consultation with senior judges is ongoing on the matter.
The Supreme Court had previously ordered the conduct of general elections in the country on Feb 8 next year, after an agreement was reached between President Arif Alvi and the ECP authorities over the election date.
It is important to note here that if the general elections are to take place on Feb 8, the ECP will need to issue the elections schedule either today or tomorrow (Saturday).
In accordance with constitutional and legal procedures, the election schedule spans 54 days, with Dec 17 marking the first day and Feb 8 being the 54th day.
The paramount question that begs an answer in the current situation is who will submit the nomination papers and who will receive them if the election schedule is issued.
