ISLAMABAD: The Election Com­mission of Pakistan (ECP) moved the Supreme Court on Thursday for an early hearing of its plea to consolidate its cases pending before different high courts (HCs) pertaining to the delimitation of a National Assembly constituency in Balochistan — NA-260 (Nasirabad, Kachhi, Jhal Magsi).

The application requested the apex court to begin hearing of the petition next week.

Moved through counsel Sajeel Shaharyar Swati, the petition pleaded that the constitutional petitions pertaining to delimitation pending before the Islamabad High Court and the Balochistan High Court be decided expeditiously.

The ECP expressed apprehensions that where jurisdiction of two different high courts has been invoked for the same constituency or district, there is a risk of conflicting and irreconcilable judgements being pronounced by the two courts.

Therefore, the ECP petition for tra­nsfer must be heard and decided at the earliest, the application pleaded.

In the light of the political situation, the commission was mindful that elections may be called at any time and all preparations, including delimitation, must be made at the earliest so that there was no delay in holding elections, the petition said.

Aggrieved persons have invoked the constitutional jurisdiction of different high courts through writ petitions, the ECP said.

“The jurisdiction of two high courts has been invoked concurrently, though pertaining to the same district or constituency, with ECP having to defend the delimitation of a single district or constituency before two different high courts on the same subject matter involving same questions of law and facts.

“This has a natural consequence of conflicting or irreconcilable judgem­e­­nts being pronounced by the high cou­­rts,” the Election Commission feared.

“There is also a possibility that ECP may be required to comply with two different directives passed by two high courts, putting the commission in a fix as to which one to follow.

“Therefore, per force, the ECP would have to challenge the conflicting orders before a higher forum, i.e. the Supreme Court, putting an added pressure on the public exchequer,” the petition said.

According to the petition, the ECP has to depute law officers and delimitation committee members separa­tely for each court to ensure an effective resolution of pending grievances before high courts.

Since the ECP is a public body, the funds it is run with belong to the public and the resources it utilises are borne out of the money contributed by taxpayers. Since any unnecessary burden on ECP is actually a burden met out of public money, wastage of resources is not in order, the commission emphasised.

The pendency in high courts of delimitation petitions pertaining to the same constituency is an obstacle to efficient disposal of delimitation challenges and is delaying completion of the delimitation process, the ECP observed.

Published in Dawn, October 28th, 2022