Civil Petition No. 4682 of 2017
2
issued a notification ordering re-poll in respect of certain polling stations,
which included the polling station in respect of which the FIR was lodged
(“the said notification”). The said notification is attached with this
petition (annexure-F, at page 67) but the attachment referred to therein “constituencies/polling stations attached” in respect whereof the re-poll
was ordered has not been attached. As per the said notification polling at
the said polling station was to take place on December 17, 2015 however
before polling could take place the petitioners assailed the said
notification in the Lahore High Court, Lahore by filing a petition (Writ
Petition No. 38790 of 2015) under Article 199 of the Constitution of the
Islamic Republic of Pakistan (“the Constitution”). The learned Judge of
the High Court dismissed the petition on December 21, 2015 and
observed that the Election Commission should implement the said
notification and, “proceed to fix a poll date for the constituency/polling
station in question” since the polling date mentioned in the said
notification had gone by. This order of the High Court was assailed by
the petitioners by filing an Intra Court Appeal (“ICA”) No. 1839 of 2015,
which was dismissed on November 2, 2017 by the learned members of a
Division Bench of the High Court and the order of the learned Judge of
the High Court was maintained.
2.
In response to our query the learned counsel for the petitioners
states that polling as ordered has still not taken place, the reason for
which he states is because this petition is pending adjudication. We are
surprised to learn that the said re-poll has still not taken place,
particularly when no notice has been issued to the respondents, let alone
passing an interim order suspending the impugned judgments and the
said notification.