IHC refers recounting petitions to poll body

The court adjourns seven petitions for hearing on August 6


Correspondent August 04, 2018
The Islamabad High Court. PHOTO: EXPRESS

ISLAMABAD: The Islamabad High Court (IHC) on Friday referred several petitions to the Election Commission of Pakistan (ECP) where the petitioners were seeking recounting in their constituencies alleging that the elections on July 25 were rigged.

IHC’s Justice Aamer Farooq sent the petitions to ECP observing that “ECP while hearing of petitions if so feels that there are cogent grounds and the notifications with respect to constituency in question are to be withheld may order so accordingly.”

The court was hearing around two dozen petitions seeking recounting of the votes in different constituencies.

The court adjourned seven petitions for hearing on August 6.

Meanwhile, the court has dismissed petitions of Aijaz Khan Jakhrani and Abdul Karim Khetran on grounds that they were seeking relief against the orders of the returning officers (ROs) of their respective constituencies.

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The court held that since ROs were the officers of judicial services of provincial high courts, therefore, IHC cannot issue verdict against them for want of jurisdiction.

While referring the petitions to ECP, the court has disposed of the petitions of Faisal Saleh Hayat NA-114 Jhang, Abdul Hakeem Baloch NA-237 Malir, Sohail Mansoor NA-239 Karachi, Nawab Ali Wasan contesting from PS-32 Khairpur, Shiraz Shaukat PS-29 Kherpur, Rana Abdul Sattar PS-46 Sanghar, Mashooq Ali PS-41 Sangahr, Ziaul Hassan Lanjar PS-36 Naushero Feroze, Ali Afzal Sahi PP-97 Faisalabad, Asrar Ahmed Khan PP-111 Faisalabad, Malik Qasim Khan Khattak PS-86 Karak, Haji Zahidullah PK-87 Bannu, Malik Adnan PK-90 Bannu.

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Moreover, the counsel for the PPP’s candidate (Faisal Saleh Hayat) contended that the returning officer in NA-114 had stopped the practice after recounting of 10 polling stations.

Justice Aamer Farooq asked, “Can this court issue order for recounting once the announcement of results (is made)?”

The counsel replied that RO was a representative of ECP and the department could take action against his irregularity.

The ECP’s counsel Mehboob Sultan argued that the petitioner had filed a review application against RO’s decision after the time bar.

During the proceedings, Justice Aamer Farooq remarked that the returning officers were authorised for recounting in those constituencies where the winning candidates have less than five per cent vote margin.

[WITH ADDITIONAL INPUT FROM APP]

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