[🇵🇰] Pleas against PML-N, IPP winning candidates dismissed as non-maintainable

[ghazi]

Source : https://tribune.com.pk/story/2456241/1

Pleas against PML-N, IPP winning candidates dismissed as non-maintainable​

LHC Justice Najafi emphasises ECP's responsibility to ensure prompt decision in accordance with Constitution

Rana YasifF
ebruary 13, 2024

Lahore High Court building. FILE: PHOTO

LAHORE: Lahore High Court's Justice Ali Baqar Najafi on Monday dismissed 18 writ petitions as non-maintainable, filed by runner-up PTI-backed independent candidates challenging the victory of PML-N's contestants, including notable figures like Maryam Nawaz and members of Istehkam-e-Pakistan Party (IPP) such as Aleem Khan and Aun Chaudhry.

The petitions were aimed at contesting the validity of Form-47, which was prepared by the Returning Officers (ROs) in the absence of the petitioners, depriving them of the right to witness the consolidation process of the election results.

Justice Najafi ruled against the PTI-backed candidates, ordering that the Election Commission of Pakistan (ECP) would address the consolidation of the results, whether made in the presence or absence of the petitioners. He emphasised the ECP's responsibility to ensure a prompt decision in accordance with the provisions of the Constitution and the Elections Act, 2017.

While the court acknowledged the divergence in the contesting parties' positions regarding the consolidation process, including allegations of manipulation and the absence of the petitioners during crucial stages, it deemed these issues beyond the purview of constitutional jurisdiction under Article 199 of the Constitution.

The court directed the petitioners to pursue remedies available under the Elections Act, 2017, and encouraged them to file representations before the Election Commission of Pakistan for redressal.

During the proceedings, arguments were presented by the ECP and counsels representing the winning candidates of PML-N and IPP. The focus of these arguments was on the non-interference of the court in electoral matters, particularly the results consolidation process.

Petitioners' counsels highlighted provisions within the Election Act, 2017 and Election Rules, asserting their clients' right to witness the consolidation process. They argued against the court's inability to declare the consolidation process invalid solely based on the absence of petitioners, while emphasising the importance of upholding their fundamental rights.

However, respondents' counsels contended that matters related to elections, including the consolidation process, fell within the exclusive domain of the ECP and its tribunals. They argued against the court's intervention through writ petitions, citing statutory limitations and procedural requirements.

The court's interaction with the Returning Officer (RO) of constituency NA-128 revealed administrative lapses, as the RO tendered an apology for his absence during court proceedings despite being summoned.

Individual cases, such as the challenge to Maryam Nawaz's victory by PTI-backed candidate Shahzad Farooq and the illegal eviction of petitioner Salman Akram Raja from the RO's office, were also addressed during the hearing.

 

[Old School]

These courts are just puppets. The puppet masters are the ones who must be dealt with eventually.