Re: NA 55 bye elections Sheikh Rasheed is in the race
Aahhh
The high court has granted permission to Punjab government to postopone election.
Kisay wakil krain kis say munsafi chahain.
Aaj Tv
By-polls postponement: LHC upholds single bench decision
RECORDER REPORT
Thursday, 26 Nov, 2009 3:35 am
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LAHORE : A division bench of Lahore High Court (LHC) while dismissing three identical intra court appeals, upheld the decision of a single bench of LHC which postponed the by-elections in Punjab. The bench however dismissed the single bench order to the extent that Punjab government has right to be heard under constitutional convention.
Provincial government has no right in law to be heard before announcement of election schedule. Its rule is confined to rendering assistance to the Chief Election Commissioner (CEC). Rendering of assistance includes liberty and privilege to apprise the CEC about the situation on ground and to make suggestions as to when and under what arrangements an election may be held.
Such liberty and privilege cannot authorise provincial government to block announcement of election schedule by the commission until a hearing is granted to the government. The bench observed that the election commission before issuing election schedule should consider the material produced before it pertaining to the arrangements for maintaining the law and order situation. The bench, however, held that the election commission is independent.
The petitioners included Chief of Awami Muslim League (AML) Sh. Rashid contesting election from NA 55 and Azhar Saddique and Manzoor Ali Gillani from NA 123. The petitioners contended that it is the duty of the government to maintain the law and order situation and to assist the election commission for holding elections.
They said people of Pakistan could not be stopped from their right to vote on any ground. They said the law and situation in the province is not so worst that the elections could not be held in some constituencies. They therefore prayed to the court to set aside the decision of the single bench and direct the election commissioner to hold by-elections in the province against the vacant seats.