The Lahore High Court (LHC) Tuesday issued notice to Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on a writ petition challenging the Election Commission of Pakistan (ECP)’s order allowing him to move an application with the returning officer of NA-122 to inspect election record.
LHC Chief Justice (CJ) Umar Ata Bandial also asked the ECP to explain how a returning officer be retained after conducting the elections because he was not an employee of the commission.
Bandial was hearing a petition moved by National Assembly Speaker Ayaz Sadiq through Barrister Syeda Maqsooma Zahra Bookhari challenging an order of the ECP issued on June 18 allowing the public inspection of the election record. Earlier, ECP’s law officer submitted its reply, according to which the ECP holds the powers to direct any returning officer for recounting and public inspection of the elections record.
The counsel of the petitioner opposed the ECP’s reply by arguing that the ECP had incorrectly relied on the provisions of the ECP. She pointed out that a returning officer could only hold elections, while it was not the responsibility of the officer to examine or inspect any election record.
At this, the court observed that the judiciary was working like a returning officer. It observed further how a returning officer could work on permanent basis.
The chief justice rejected the ECP’s reply and asked it to submit that how an RO be retained by the ECP after conducting the elections. The court also issued fresh notices to Imran Khan as no one appeared on his behalf before the court. The matter will be taken up on September 18.
Ayaz Sadiq had submitted that he had no objection to the inspection of the election record except ballot papers in terms of the Section 45 of The Representation of the People Act (ROPA) 1976.
The petitioner’s counsel said that ECP had on June 18 allowed an application of the PTI chairman and ordered for inspection of the permissible election record. The said order granted the relief on the grounds that the RO has the custody of the election record, the lawyer pointed out.
LHC SEEKS CHALLAN IN GANG RAPE CASE: The LHC CJ has directed Khanewal District and Sessions Judge (D&SJ) to order police to submit a report of assault on a teacher before trial court within three days.
A 26-year-old teacher of Kacha Khuh told police that three men had pushed her into a car while she was on her way to school and took her to Shorkot, molested her for two days, later threw her in a field near her home and fled. On cognizance of the LHC Complaint Cell, the D&SJ reported that Kacha Khuh Police had registered a case and arrested the accused Muhammad Irfan. The DNA test of the victim and the accused was also conducted and the accused was sent to jail. An incomplete challan had been sent to the court of additional district & sessions judge and efforts were underway for the arrest of other accused.
