The Lahore High Court on Saturday suspended a notification of the Election Commission of Pakistan (ECP) regarding the appointment of polling agents from within the constituencies where by-elections are being held today (Sunday), directing it to fulfil its constitutional obligation of conducting free and fair elections.
Justice Shahid Jamil of the LHC passed the order on a petition filed by Pakistan Tehreek-e-Insaf (PTI) Punjab President Dr Yasmin Rashid challenging the decision of the ECP for appointing local polling agents for the by-elections in 20 constituencies of the Punjab Assembly. As the hearing commenced, a director and legal adviser of the ECP appeared before the court besides Advocate Amir Saeed Rawn, who was representing the petitioner.
Justice Jamil asked about the role of polling agents under the law. The counsel for the petitioner said that a voter must have his/her identity card and it was the duty of the polling agent to check it.
The judge also asked whether a polling agent had the power to object to the ballot paper of any voter. The petitioner’s counsel, however, remained stuck to his stance about appointment of the polling agent and said that the polling agent could be appointed from anywhere, because it was not mandatory that a polling agent must belong to the relevant constituency.
On it, the ECP legal adviser said that the decision of the commission was in accordance with the law. At this, Justice Jamil asked him, “Has ECP ever before issued such a notification?” On it, the legal adviser replied in negative.
Justice Jamil remarked that conducting free and fair elections was the constitutional responsibility of the ECP. “The ECP should fulfil its responsibility,” he observed.
The court also expressed serious concerns over the poor performance of the commission, observing why it could not establish such a system on which everyone would agree. The ECP official opposed the stance of the petitioner’s lawyer that appointment of polling agents from outside the constituency could damage the process of election. “Your statement reflects as if the officials of the commission are ineligible?” observed the judge, asking him to present any such example from the past.
The court asked the ECP officials how a notification could be issued just two day before the elections and that too at the moment when an application had already moved to it.
The court also asked how the application about the issue was disposed of on the day the court verdict came.
“Why such rules are not made that could make people aware about the process of the election?” Justice Jamil snubbed the officers, observing that the court had serious reservations over this act of the commission. “How an independent candidate who had appointed a polling agent from outside the constituency could bring the polling agency at this short notice?” he further remarked.
Justice Jamil observed that the ECP overlooked such things and should have made proper rules so nobody could dare raise any question.
The ECP director insisted that if the polling agents from outside the constituencies were allowed, it could cause serious damage. “There could be a serious kind of disturbance if the polling agents are allowed from outside the constituencies,” he said. However, the court remarked that the ECP should have already completed its work. During the proceedings, lawyers representing the PTI and the PML-Q assured the court that their clients would peacefully take part in the election and would not indulge in any kind of violence. After the undertaking of both parties’ lawyers, the court observed that those who violated their own undertaking would face contempt of court.
Yasmin Rashid, through her counsel, had submitted that there was no such bar on deputing a polling agent who was a resident of the constituency. “There is no such provision in the Elections Act,” she said, pointing out that the decision made by the ECP targeted the PTI. She further alleged that such acts were part of pre-poll rigging attempts and asked the LHC to annul the decision of the ECP.
According to sources privy to the PTI strategy to foil rigging attempts, as many as 5,000 young PTI activists would be deployed at the constituencies along with lawyers being posted as polling agents of the party. “The lawyers will be made polling agents and will perform their duties in uniforms to foil any rigging attempts immediately,” they said.
They said that PTI women activists would be deployed at the female polling stations and measures would be taken for their transportation to the polling station.
“The PTI leadership will also remain in touch with party candidates on the polling day, while candidates will also be asked to secure pre-arrest bails to avoid any bid to arrest them,” they added.
