ECP Appeals to Supreme Court Against PHC Ruling on RO Appointment
ECP questions ruling of high court suspending its order.
The Election Commission of Pakistan (ECP) has lodged an appeal with the Supreme Court challenging the Peshawar High Court’s (PHC) decision to suspend its order regarding the appointment of a returning officer (RO) for a provincial assembly constituency. The case pertains to the appointment of Irfanullah as the RO for the KP-91 Kohat II constituency.
Advocate Afnan Karim Kundi, representing the electoral body, filed the appeal under Article 185(3) of the Constitution, contesting the PHC’s verdict issued on December 27. The PHC had suspended the ECP’s December 25 notification, which substituted the previously appointed returning officer for the KP constituency.
In its appeal, the ECP questions whether the PHC’s order interferes with the constitutional and statutory duties of the ECP regarding RO appointments under Article 218(3) and Section 51 of the Elections Act 2017. The ECP argues that interim relief, such as the suspension of its notification, cannot be granted without proper consideration of its duties.
The appeal raises concerns about the jurisdiction of the courts under Section 236 of the Elections Act 2017 and questions whether the PHC’s order hampers the election process. Additionally, the ECP challenges the suspension of its notification without providing an opportunity to explain the valid reasons for the substitution of the RO on medical grounds.
The ECP contends that candidates do not have a vested right in having their nomination papers scrutinized by a specific returning officer, negating their standing to invoke writ jurisdiction. The electoral body urges the Supreme Court to grant leave to appeal from the PHC’s order in the interest of justice.
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This legal development underscores the intricate legal considerations surrounding election processes, emphasizing the need for a fair and transparent electoral system. The Supreme Court is expected to hear the matter in the coming days, ensuring due process and adherence to constitutional and statutory obligations.
