Apex Court reinstates Balochistan Assembly Speaker Abdul Khaliq Achakzai, annuls ECP’s decision

ISLAMABAD, April 25 (SABAH): The Supreme Court of Pakistan on Thursday annulled the decision of Election Commission of Pakistan (ECP) and reinstated Balochistan Assembly Speaker Abdul Khaliq Achakzai.

A three-member bench of the Supreme Court, headed by Justice Aminuddin Khan and comprising Justice Muhammad Ali Mazhar and Justice Syed Hassan Azhar Rizvi, also annulled the ECP’s order of re-polling at 12 polling stations of PB 51 Chaman. Wasim Sajjad, Barrister Muhammad Akram Sheikh, Supreme Court Bar Association President Barrister Muhammad Shahzad Shaukat, Jam Khurshid Ahmed and others appeared before the bench as counsels of the different parties. 

Justice Aminuddin Khan asked DG Law ECP Muhammad Arshad under which regulation the commission ordered re-election at 12 polling stations?

Justice Muhammad Ali Mazhar remarked that the ECP considered only 12 polling stations but ignored others.

Justice Aminuddin Khan remarked that the ECP had neither conducted an inquiry nor followed any rules. The DG Law ECP submitted that the ECP took into account those 12 polling stations regarding which it had received plea. There was high voter turnout in these 12 polling stations.

Justice Muhammad Ali Mazhar remarked that the ECP should have taken into account the entire constituency. Had the ECP performed according to rules, people would not have to come to court.

The court referred the case back to the ECP with the consent of the parties and ordered the commission to decide the issue within 10 days.

It may be remembered that the ECP had ordered re-polling on the application of Khaliq’s opposing candidate Asghar Khan Achakzai and withdrew the notification of his success. PML-N’s candidate Abdul Khaliq Achakzai challenged the ECP decision.