LAHORE, May 11: A division bench of the Lahore High Court on Tuesday suspended the order of a single bench that deferred by-election on a National Assembly seat from Jhang (NA-89) on grounds of volatile law and order situation in the area.

The court, comprising Justice Javed Buttar and Justice Mohammad Muzamil Khan, also directed the Election Commission of Pakistan to give a new polling schedule for the by-election.

The court decided to suspend single bench's order in response to intra-court appeals filed by two candidates from the area, Hasan Mohiudin Qadri and Sheikh Waqas Akram, who submitted that the order passed by the single bench on May 4 contravened many provisions of the constitution and relevant laws.

The court issued notices to federal and provincial governments, the Election Commission of Pakistan and the Jhang district government. The appeals have been admitted for regular hearing with date in office.

Appellant Hasan Qadri, son of Pakistan Awami Tehrik chief Prof Allama Tahirul Qadri, contended that it was not a failing law and order situation but politics that prompted postponement of by-election in Jhang.

He submitted in his appeal that the ruling PML-Q, the Patriots and the tehsil Nazim were supporting different candidates and had so far failed to reach an understanding on the issue. They were all trying to win official support, as the government was also undecided as yet.

The court decided to seek a new election schedule for Jhang by-poll because the federal government deposed in the court through Deputy Attorney General Danashwar Malik that polling was not possible under the old election schedule, which was fixed for May 12 (tomorrow).

Appellant Qadri's counsel Ahmad Awais submitted that the order of May 4 was unlawful because it was passed in chamber without considering all constitutional aspects of the situation.

He stated that the decision to suspend by-election was taken without calling for a report from the Election Commission of Pakistan. The by-poll was suspended merely on the apprehension of the home secretary and the Jhang administration without ascertaining actual situation in the area.

The counsel submitted that single bench's order was also inconsistent with Article 225 of the constitution which provided that electoral process could not be deferred after announcement of election schedule.

Mr Awais submitted that the writ petition seeking postponement of by-poll was filed by a voter of the area who was not an aggrieved party. He stated that single bench's order that the home secretary should inform the court on May 18 when polling would be possible, was unlawful, because it was a prerogative of the election commission to make such a decision.

He also submitted that no untoward law and order incident had taken place since the election schedule was announced and during the election campaign. The situation was not inconducive to by-election.

He argued that three of the candidates wanted that by-election should be held as they did not think there was possibility of bloodshed as deposed by the home secretary.