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Published 10 Mar, 2021 06:14pm

SC declines stay on PTI petition against ECP’s NA-75 verdict

ISLAMABAD: The Supreme Court of Pakistan Wednesday declined to issue a stay order on Pakistan Tehreek-i-Insaf’s (PTI) petition, in which it had prayed to the court to declare the Election Commission of Pakistan’s (ECP) verdict ordering re-election at all polling stations of NA-75, Daska null and void.

A three-member bench of the apex court, headed by Justice Umar Ata Bandial, said that the decision on granting stay in the case would only be taken when the ECP submitted to it a detailed reply in the case.

The court, instead, directed both the petitioner, PTI candidate Ali Asjad Malhi, and the respondent, Pakistan Muslim League-Nawaz (PML-N) candidate Syeda Nosheen Iftikhar, to bring with them the ECP’s record relating to its decision on the next hearing.

Similarly, the court also issued notices to the ECP and other parties to the case. Shahzad Shaukat, counsel for the ruling party, argued that earlier there was a consensus that repolling should be held only at 23 polling stations of the constituency and even Prime Minister Imran Khan had called for re-election at these selected polling stations rather than in the entire NA-75, Daska.

“But when the PML-N changed its stance and started demanding that fresh by-election be held in the entire constituency, the election commission, too, shifted its ground,” he said, and added that the ECP did not have the authority to order holding of fresh by-election in the constituency.

Justice Umar Ata Bandia, on the occasion, remarked that it was the SC’s opinion that elections should be free, fair and transparent. PTI’s counsel argued that initially PML-N too was of the view that re-polling should be held only at 23 polling stations, but later it went back on its own words.

“Similarly, the Returning Officer (RO) had also pointed out that the respondent had no objection to the results received from 340, out of total 360 polling stations. He was of the view that the election commission by ordering by-election in the entire constituency on March 18, had gone beyond its domain.

Justice Bandial remarked it was possible that the court completes hearing of the case before March 18. Later, the court adjourned hearing of the case until March 16 (Tuesday). NNI

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