The judgment was announced by PHC Chief Justice Mazhar Alam Miankhel that was reserved on December 9 after petitioner and respondent’s lawyers completed their arguments. However, detailed judgment would be announced soon.
Qaiser Jamal Khan, the successful PTI candidate, had challenged the election tribunal’s decision wherein the latter directed the Election Commission of Pakistan (ECP) to hold re-elections in the constituency.
Qaiser Jamal Khan was disqualified on May 5, 2014 by a tribunal in DI Khan which declared his victory void under the Representation of People’s Act on a petition filed by rival candidate Haji Abid Afridi.
Haji Abid had challenged Qaiser Jamal Khan’s election as MNA, saying the latter had clinched the polls on erroneous ballot papers. The ballot papers for Pakhtunkhwa Milli Awami Party’s candidate Kamil Khan Shirani did not bear his electoral symbol.
The tribunal had directed the ECP to hold re-elections in the constituency.
During the last hearing, senior lawyer Aitezaz Ahsan argued that when polling started, Shirani and his voters came to know that elections symbol allotted to him was not printed on the ballot papers.
Ahsan argued the symbol was the most important aspect as literacy was low in tribal areas and would be the main basis on which people cast their ballots.
Published in The Express Tribune, December 24th, 2015.
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