LHC refuses to issue orders to stay by polls

LAHORE, Sep 29 (Online): Lahore High Court (LHC) has admitted petition seeking postponement of by polls and issued notices for October 2 to Chief Election Commissioner (CEC), government of Punjab and candidates while the court has refused to issue orders to stay the election process.

Justice Mian Saqib Nisar took up the petition filed by government of Punjab for hearing Tuesday. Former advocate general Punjab on behalf of Punjab government, Khawaja Haris, counsel for Mian Nawaz Sharif and Mustafa Ramday advocate appeared in the court to pursue the case.

The lawyers prayed the court CEC had not consulted government of Punjab to hold by polls. Law and order situation in Punjab was not conducive for holding elections, therefore, the CEC orders with regard to schedule for holding by polls be quashed and elections be postponed.

Justice Mina Saqib inquired CEC had issued election schedule in line with his constitutional obligations. It is constitutional binding on CEC to hold elections in time, he observed. CEC had not violated the constitution nor the government of Punjab was affected by this, he further observed. It is CEC who has to hold elections rather than government of Punjab and he can seek assistance from respective departments. Please let the court know where the CEC has trespassed his powers. The court also be told if CEC was bound to ask from government of Punjab or any candidate to hold elections,

Khawaja Haris advocate submitted " postponement of elections is not our aim but our motive is that a constitutional functionary should fulfill his constitutional obligations.

The learned judge remarked if CEC was bound to ask from the people whether the elections should take place or otherwise. How could the people of a constituency be kept deprived of their right of representation, he questioned.

Chief of Awami League Sheikh Rashid Ahmad informed the court government wanted to escape from the elections and the major objective behind seeking postponement of elections is to keep him out of electoral process.

The court directed Sheikh Rashid Ahmed to file his nomination papers.

The court adjourned the hearing till October, 2. The court also maintained whichever the political party or candidate wanted to become party in the case could approach the court. Link...