Staff Reporter Lahore
The Lahore High Court (LHC) issued notices to the federal government and the Election Commission (EC) on Monday over an incomplete election body after retirement of its two members.
A petitioner sought suspension of all upcoming elections till completion of the strength of the Election Commission of Pakistan (ECP).
According to the petition, the election commission has been incomplete after recent retirement of its two provincial members.
“The election schedule could not be issued by an incomplete election commission,” the petitioner argued while referring various decisions of the Supreme Court.
“How can this court provide relief requested in the petition,” Justice Shan Gul questioned.
“The Supreme Court have unlimited powers under clause (iii) of the Article 183,” the bench observed.
“The high court’s jurisdiction is limited under Article 199 of the constitution,” the court further observed.
“How could the notification of winning candidate of a by election could be stopped,” the court posed question. “An election dispute could be taken to an election tribunal,” the bench further remarked.”
How could the elections be halted, which held under the constitution,” the court asked.
“The petitioner is not an aggrieved party, the court should reject the plea,” Deputy Attorney General argued.
The high court bench adjourned further hearing of the case for 15 days. It is to be mentioned here that two members of the Election Commission of Pakistan (ECP) from Punjab and Khyber Pakhtunkhwa (KP) were retired upon completion of their service period in July.
The tenure of two ECP members, Altaf Ibrahim from Punjab and Irshad Qaiser from KP, was completed in July. As per the constitutional requirement, the appointment of new members will be made with the consultation between the government and the opposition.
