Election Commission earns judge`s ire over `absurd, illogical` order
By Ishaq Tanoli
2022-06-29
KARACHI: An election tribunal on Monday expressed resentment on the provincial election commissioner for passing an `absurd and illogical` order on the nomination papers of Dr Khalida Sikandar, the widow of late Pakistan Peoples Party Senator Dr Sikandar Mandhro, on a Senate seat vacant after the demise of her husband.
The tribunal allowed her election appealagainst the order of a returning officer (RO) / provincial election commissioner rejecting her nomination papers.
The one-member tribunal comprising Justice Mohammad Junaid Ghaffar observed that the conduct of Sindh election commissioner had unnecessarily given rise to this appeal, which has to be timely decided by an SHC judge. A bit of caution and application of mind would not have resulted in wasting precious time of the court and ordinary litigants, it added.
The lawyer for the appellant submitted that the nomination papers were rejected by the RO for not producing her original computerised national identity card (CNIC) at the time of scrutiny and non-appearance of the candidate.
The counsel maintained that the order was not in conformity with Section 110 of the Election Act, 2017.ECP law officer Abdullah Hanjrah submitted that a copy of the CNIC was not provided; hence the impugned order was passed.
The tribunalin its order stated that as per law, a nomination can be filed on the basis of an attested copy of the CNIC and the same can also be delivered to RO by the candidate or by his/ her proposer or seconder or through an authorised representative.
It further said that admittedly, the nomination paper in the present case was submitted through an authorised person and to that effect there was neither any dispute nor an exception had been drawn.
`The impugned order appears to be in total disregard to the provisions of Section 110 of the Election Act, 2017 and this Tribunalis surprised as to how the Provincial Election Commissioner, who is also the Returning Of ficer, can pass such an absurd and illogical order,` it added.