ISLAMABAD: The Election Commission of Pakistan (ECP) has taken legal action, appealing to the Supreme Court against the Peshawar High Court’s suspension of its directive regarding the appointment of a returning officer (RO) for a provincial assembly constituency.
Irfanullah was designated as the RO for PK-91 Kohat II in Khyber Pakhtunkhwa.
Advocate Afnan Karim Kundi lodged the appeal on behalf of the electoral body under Article 185(3) of the Constitution, contesting the PHC’s ruling made on December 27.
The complaint presented the ECP’s December 25 notification to the PHC, which led to the court suspending the mentioned notification while summoning the ECP.
The appeal questions whether the PHC’s order interfered with the ECP’s constitutional and statutory responsibilities regarding RO appointments under Article 218(3) and Section 51 of the Elections Act 2017. It argues against the suspension of the December 25 notification substituting the RO, emphasizing that no interim relief should impede the ECP’s duties.
It further queries if the court’s jurisdiction is restricted under Section 236 of the Elections Act 2017 and challenges the PHC’s order as potentially disrupting the election process.
The ECP questions the PHC’s authority to suspend its notification without prior notice or an opportunity to explain the valid reasons behind substituting the earlier notified RO on medical grounds.
The ECP asserts that election candidates lack a vested right in having their nomination papers scrutinized by a specific RO, thus limiting their standing to seek writ jurisdiction from the high court in this matter.
The electoral body contends that the high court’s order, issued in a writ petition lacking substantiated claims of prejudice due to the earlier RO substitution, was unwarranted.
The ECP seeks permission from the apex court to appeal against the PHC’s December 27, 2023 order in the interest of justice, urging for an expedited hearing on the matter.
Additionally, the PHC, in petitions filed by Dawood Shah and Imtiaz Shahid Qurashi, aspiring candidates for KP-91 Kohat constituency, found fault with the ECP’s substitution of the RO, suspending its order and issuing notices for further submissions on January 4, 2024, to respondents for detailed responses.
