WASIM IQBAL
ISLAMABAD: The judiciary has declined the request of Election Commission of Pakistan (ECP) to allow district and sessions judges to conduct by-election in NA-149 (Multan II) constituency after the resignation of Makhdoom Javed Hashmi.
An official of ECP said it would be for the first time since 2008 general elections that it has issued appointment notification of Regional Election Commissioner Multan as DRO, District Election Commissioner Bahawalpur as RO and Assistant Commissioner (city) Multan, District Education Officer (Secondary) Multan and Election Officer Multan as AROs.
All political parties except Pakistan Tehreek-e-Insaf (PTI) have initiated the process of selection of suitable candidates for by-election contest. Sources said that PTI has yet to decide whether or not it is beneficial to contest election as parliamentarians have submitted their resignations in the National Assembly.
October 16 by-election on the vacant seat of Makhdoom Javed Hashmi will be held under bureaucracy as the ECP has appointed non-judicial officers as District Returning Officers (DRO), Returning Officers (RO) and Assistant Returning Officers (AROs) for the purpose of holding bye-election there.
The official maintained that the decision has been taken after refusal of Lahore High Court to allow district and sessions judges to hold election in Multan, referring to a judicial policy. The official maintained that the ECP has held 70 by-elections after May 11, 2013 general elections across the country under judiciary but this time the LHC declined the request of ECP for the appointment of judges as ROs and DROs.
In the judicial policy 2009, it is clearly stated that in future, judges would not act as returning officers in elections, as this might not augur well for the judiciary.
By-election in PP-162 (Sheikhupura-1) is scheduled to be held on September 22 under district and sessions judges Sheikhupura. On September 8, the by-election on vacant seat of PK-68 (D.I.Khan-V) was held under judges as well.
“By-elections after 2008 and 2013 general elections were held under judges but it will be for the first time that bureaucracy is acting as ROs and DROs,” he added.
In case any contesting candidate challenges the decision of ECP in the court of law, the ECP will present a written reply of LHC in its defence, the official said.
An election expert contended that during the by-election, the returning officers should not be from the administration but from the judiciary because a returning officer from bureaucracy may be more susceptible to pressure from politicians which would mar the electoral process. National Assembly Speaker Ayaz Sadiq accepted Hashmi’s resignation with effect from Aug 18.
The much politicized issue of Makhdoom Javed Hashmi’s resignation as PTI’s member of the National Assembly forced the ECP to announce a schedule for the by-election on the seat within the time limit for the electoral process.
Javed Hashmi, the estranged leader of Pakistan Tehreek-i-Insaf, was elected from NA-149, Multan in general elections 2008 on the ticket of PML-N and again won in 2013 as a PTI candidate. Earlier, Malik Liaqat Ali won the seat on a ticket of PPP in 2002 general elections. According to the schedule, a public notice will be issued by the returning officer on Sept 17 and nomination papers for the by-election will be filed on Sept 22 and 23. Scrutiny of the papers will be held on Sept 24 and 25. The last date for filing of appeals against acceptance or rejection of nomination papers is Sept 27.
The tribunal will dispose of appeals on Sept 29 and the last date for withdrawal of candidature is Sept 30. The revised list of candidates will be published on Oct 1 and polling will be held on Oct 16.
Article 224 (4) of the Constitution states when, except by dissolution of the National Assembly or a provincial assembly, a seat in any such assembly has become vacant, not later than 120 days before the term of the assembly is due to expire, an election to fill the seat shall be held within 60 days from the occurrence of the vacancy.
