ISLAMABAD, : The Supreme Court of Pakistan has ordered holding of bye-elections on NA-55 ( Rawalpindi ) directing the Election Commission to continue the process from where it was suspended.
In its verdict on an appeal filed by Awami Muslim League (AML) chief Sheikh Rashid Ahmad, the apex court set-aside a decision of the Lahore High Court (LHC), which had postponed the bye-elections on NA-55 on the request of the Punjab Government.
The three-member bench of the Supreme Court, headed by Chief Justice Iftikhar Mohammad Chaudhry and comprised of Justice Mian Shakirullah Jan and Justice Gulam Rabbani, said the Election Commission was an independent institution and all the institutions were bound to assist the commission.
The verdict said the Lahore High Court (LHC) ruling that the EC should consult with the Punjab government on the bye-election, is tantamount to affecting the independence of the Election Commission.
In its decision, the court noted that the election process can not be suspended in any case.
Meanwhile, The apex court has also issued notice to the Attorney General on another petition filed for holding of elections on NA-123, Lahore and has directed him to appear before the court on January 06, 2010.
Earlier, Chief Election Commission, on the request of Punjab government had postponed election in NA-55 as government of Punjab submitted a plea in LHC, seeking postponement of election due to sensitive law and order situation in the said constituency.
Sheikh Rashid (petitioner) appeared personally along with his lawyer Wasim Sajjad before the court while Mehr Khan Malik appeared on behalf of Punjab government.
The petition was filed under Article 185(3) of the Constitution for leave to appeal against the judgment of LHC.
Later, talking to newsmen outside the court, Sheikh Rashid and his lawyer Waseen Sajjad termed the decision success of the truth and said the postponement of the bye-elections was a violation of the constitution.
“I salute the judiciary,” Sheikh Rashid said the schedule of the election has already been announced and now the bye-election was a matte of few weeks.
The AML chief termed the apex court’s decision as victory for the people of Rawalpindi , who, he said, were deprived of their representation in the parliament since a last nine months.
“I can’t give you a timeframe. It’s the Election Commission’s job, but under the decision of the Supreme Court, the process is to be resumed from where it was suspended,” he said adding that the holding of “the bye-election will not take more than 30-35 days.”
The AML chief said he has not only achieved due right of the people of Rawalpindi but has also served the law of the country. He said the SC has given a historic decision.
Sheikh Rashid, who is also a candidate on the said constituency, claimed that he will win the bye-elections.INP
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