ISLAMABAD - The notification of the Election Commissioner to postpone bye-elections in NA-63 and other constituencies due to incomplete ECP has been challenged in the Supreme Court.

Chaudhry Fawad Hussain, a candidate of Pakistan Tehrik-e-Insaf for NA-63 Jehlum constituency, has filed the petition under Article 184(3) of Constitution. He prayed the notification of June 16 may kindly be declared as ultra vires, illegal and unlawful and the authorities directed to hold polls as per June 2 schedule.

He made federation through secretary Law and Justice, Election Commission of Pakistan, Election Commissioner and other contestants of NA-63 as the respondents.

The ECP on June 2, 2016 issued timetable for bye-election and the polls in NA-63 were scheduled on July 14, 2016. The NA-63 had become vacant following the death of MNA Malik Iqbal Mehdi Khan. The ECP on June 16 issued a notification to postpone elections in NA-63 and other constituencies for indefinite time as the commission is incomplete after expiry of tenure of its four members. The petitioner said after the announcement of the schedule he and other candidates filed papers, which were accepted by the Returning Officer. They said later they started election campaign with full force.

He contended that the notification is illegal and against the spirit of democracy and law. The apex court has been asked to set aside the notification for being ultra vires, void and liable to struck down for being in gross violation of the law.

It is the right of every citizen to participate and contest the election and like it is the right of the citizens to choose their representatives through a free and fair election. It has been fairly settled that a constituency cannot remain unrepresented for indefinite time period.

The petitioner said that Election Commissioner violated the constitutional duty and instead of putting genuine efforts to provide this opportunity to the citizens preferred to postpone the elections for indefinite time period in complete derogation of the law and the constitution in the garb of illegal and improper pretext.