Islamabad: The Islamabad High Court has reserved its decision on the petitions against the notification of the successful candidates of National Assembly Constituencies 46, 47 and 48 by the Election Commission.
Islamabad High Court Chief Justice Aamir Farooq heard the petitions of the successful candidates to declare the ongoing notification null and void. Shoaib Shaheen, Ali Bukhari and Aamir Mughal filed petitions against the Election Commission’s notification.
During the hearing, Chief Justice Aamir Farooq remarked that the Election Commission knew that an application was pending before them, was it not appropriate that the Commission should have decided on this application first.
Advocate Election Commission said that the Election Commission issued notices on the petitions, Form 47 does not include the result of postal ballots and the allegation of the petitioners is only to the extent of Form 47. The Chief Justice remarked that whether the application is pending with the commission or not, a decision should be taken on it, on which the lawyer Election Commission said that he wants to give some legal references on the question of the court.
Chief Justice Amir Farooq said in his remarks that the notification has been received, but what will happen if the decision of the application pending in the commission is different? As the tribunal has not yet been formed, the court has jurisdiction to hear the case. Vakil Election Commission said that the Commission had written in its order that if the consolidation is not done, it should be stopped.
The Chief Justice remarked that they leave it, the Returning Officer must have done the consolidation first, the Election Commission knew that he had an application pending, should the Election Commission not have decided on those applications first? Shoaib Shaheen filed an application in the Islamabad High Court on Saturday. Due to the non-availability of a judge, the application could not be scheduled for hearing. When the application was filed in the High Court, the commission did not issue a notification. After that, the application was amended and filed again, the Election Commission issued an order that he could not reach the Returning Officer.
Chief Justice Amir Farooq gave important remarks and said that the notification is your own fault, we are not even going on the merits but decide on an application which is pending, the commission has to accept or reject the application but the decision is Yes, it is a legal matter and it should be looked into according to the law, on the basics, we now agree that the application is pending and now what is the solution? If their appeals are accepted by the Election Commission, the notification will stand.
Lawyer Election Commission said that in order to cancel the notification, it is necessary to prove before the commission that there was an irregularity. Chief Justice Amir Farooq remarked that the applications are still pending with the Election Commission, what will happen if the Election Commission appoints those applications for hearing today? What will happen tomorrow if it is decided that the points raised in the petitions are correct?
Chief Justice Amir Farooq remarked that the Election Commission issued an injunction but could not reach the Returning Officer. We will not comment on whether their petitions are admissible before the Election Commission or not.
The counsel for the Election Commission said that the Election Commission will hear the pending petitions with the view that as there is no notification, there is no objection if the court sends the matter to the Election Commission without invalidating the notification.
Petitioner Shoaib Shaheen said that when the whole process has to be repeated, why the notification? Therefore, the notification should be declared invalid. The Chief Justice remarked that the court cannot issue a direction to the Election Commission but I will give an observation, on which lawyer Shoaib Shaheen said that the High Court can also issue a direction to the Election Commission.
The Chief Justice remarked that it is also a constitutional body, so there is an idea that the High Court cannot give direction. Lawyer Shoaib Shaheen said that our request is that the notification of the Election Commission should be annulled, if the consolidation process is to be repeated, then all the things have to end.
