ECP to move LHC over its remarks in election symbol allotment case

• Candidates move LHC over ROs' alleged failure to allot symbols.
• Court says ECP not performing its duties "in accordance with law".
• Directs CEC Raja, other officials to appear in personal capacity. 

ISLAMABAD: The Election Commission of Pakistan (ECP) has decided to file a civil miscellaneous application (CMA) in the Lahore High Court (LHC) over the court's remarks in the verdict pertaining to the election symbol case.

The electoral body's move comes after an LHC Bahawalpur bench on January 16 — in response to writ petitions filed by several candidates over the election symbol allotment issue — had remarked that the ECP and one of its returning officers (RO) were "not performing their duties in accordance with the law".

Lamenting as to why the electoral body was not issuing a particular symbol to a candidate despite the fact that the symbol charpai was not allotted to anyone else, the court had issued notices to Chief Election Commissioner Sikander Sultan Raja and the Punjab election commissioner along with the relevant ROs directing them to appear in person.

In response, directing its law wing to file the CMA, the electoral body has underscored that the candidates, who had approached the LHC complaining of not being able to obtain symbols of their choice, have "misled" the court as they didn't approach the electoral body on the said issue, to begin with.

It also stressed that ROs have the mandate to allot election symbols under Section 67 of the Elections Act 2017.

Complaining that the LHC passed verbal directions to the ROs and the ECP without hearing them on the said issue, the electoral body stressed that it has directed its ROs against changing candidates' symbols owing to the fact that the printing of ballot papers has already commenced on January 14.

The ECP further highlighted that any change in Form 33 "will result in the delay of election in the constituency concerned", adding that the February 8 polls require the printing of around 260 million ballot papers.

"The honourable court has passed remarks against the commission without attributing any failure on the part of the commission particularly when the petitioners themselves have sought issuance of a writ against the ROs for allotment of symbol," the petition reads.

"The ECP is cognisant of its constitutional duties [...] the remarks of the honourable court are without any rhyme or reason." 

"Therefore, the commission has decided to approach the court by filing a CMA for the expunction of the remarks," the ECP said adding that it will approach a higher forum if the said petition is rejected.