LEGAL

The Islamabad High Court (IHC) has lifted the stay order that had previously halted the investigation into allegations of election rigging in Omar Ayub’s constituency (NA-18 Haripur). This move comes after the acting Chief Justice, Sarfaraz Dogar, ruled on Friday to lift the stay order issued at Ayub’s request.
Background and Legal Arguments
The case revolves around the Election Commission of Pakistan’s (ECP) investigation into potential rigging in the 2024 general elections. Omar Ayub, who won the election in a significant victory, had challenged the investigation, claiming that the ECP’s actions, taken after the 60-day legal window for post-election complaints, were illegal. His lawyer argued that Ayub’s victory had been accepted by the opposing candidate and even publicly acknowledged on social media.
However, the Election Commission’s lawyer countered that both Ayub and the opposing candidate had raised concerns about election rigging on the day of the election. The ECP had started processing both petitions and was in the process of addressing the allegations when Omar Ayub approached the High Court, seeking a stay on further action.
Court’s Ruling and Future Actions
In its ruling, the Islamabad High Court lifted the stay order, allowing the Election Commission to continue its investigation. The court has now directed the ECP to hear both parties involved and decide the matter in accordance with the law.
The stay order, which had effectively halted the ECP’s actions, was a crucial legal challenge. However, the court’s decision to lift the stay means that the investigation into the rigging allegations will now proceed.
Omar Ayub's Position
While Omar Ayub’s lawyer had argued that the ECP's investigation was illegal due to the timing, it was acknowledged that Ayub himself had made complaints of rigging on the election day. Ayub's request for a stay had initially placed a hold on any further investigations, but with the court lifting the order, the focus now shifts to the ECP’s handling of the case.
Looking Ahead
With the stay order lifted, the Election Commission of Pakistan now has the responsibility to proceed with its investigation into the allegations of rigging in the NA-18 Haripur election. The court has emphasized that the case must be decided in accordance with the law, ensuring that both parties are given the opportunity to present their cases.
The investigation could have broader implications for election integrity and transparency, especially as allegations of rigging continue to surface in various constituencies.