Directs ECP to not declare poll results for Senate seat till case concludes
While allowing Pakistan Muslim League-Nawaz (PML-N) candidate Rahila Magsi to contest Senate elections from Islamabad, the Islamabad High Court (IHC) on Wednesday directed the Election Commission of Pakistan (ECP) not to declare results of the seat unless the case was adjudicated.
Magsi, who is contesting Senate elections on a woman’s seat from Islamabad, had moved the court after the ECP had rejected her nomination papers after her opponent contestants raised objections raised.
When the IHC bench comprising Justice Athar Minallah and Justice Amir Farooq took up the appeal on Wednesday, Magsi’s counsel Syed Iftikhar Gillani maintained that the PML-N had issued ticket to his client to contest Senate polls from Islamabad, but the returning officer and the ECP rejected her nomination papers on frivolous grounds.
According to him, the objections including his client’s not being resident of Islamabad were contrary to the fact that the ECP has allowed several candidates to contest elections from other provinces. He maintained that his client was just being punished and requested the court to set aside the ECP’s decision and allow his client to contest the senate polls.
While representing Magsi’s opposing candidate Nargis Faiz Malik, Chaudhry Aitzaz Ahsan argued that according to Senate rules, candidates from different provinces represent Senate and outsiders could not contest Senate elections in other provinces or constituencies.
He said that the ECP had rejected Magsi’s nomination papers on grounds that she was not the permanent resident of Islamabad. Barrister Shoaib Razzaq represented the PTI while Deputy Attorney General Hasnain Ibrahim Kazmi, Jahangir Jadoon and Chaudhry Haseeb represented the federation.
While giving his remarks, Justice Minallah observed that a grave fraud was being committed with the Constitution in current Senate polls. He said that when lawmakers themselves break the law, who will fix it.
He said that nomination papers of other candidates including Zafar Iqbal Jhagra, Raja Zafarul Haq and other candidates have also been challenged in the court, which may mar Senate polls.
The bench while allowing Magsi to contest the Senate elections directed the ECP not to announce the final results until the case was disposed of.
The court while issuing notices to all four provincial advocates generals, Advocate General Islamabad and other respondents adjourned hear for two weeks.
