SHC disposes of petitions against election results

Two-judge bench orders ECP to resolve the issues by February 22

KARACHI:

The Sindh High Court (SHC) has disposed of petitions challenging the election results of over 40 constituencies of the National and Sindh assemblies in Karachi. The court directed the Election Commission of Pakistan (ECP) to address these petitions by February 22.

A two-judge bench, headed by SHC Chief Justice Aqeel Ahmad Abbasi, gave the order in the presence of the additional attorney general, ECP representatives and lawyers from the petitioners.

Barrister Farogh Naseem, representing the MQM-Pakistan, pointed out that similar petitions were rejected by the Lahore High Court. Meanwhile, Haleem Adil Sheikh's lawyer raised concerns about the late-night issuance of the notification for the winner of NA-238, an MQM candidate.

Chief Justice Abbasi questioned the timing of the notification, given the pending petitions. The ECP lawyer clarified that the notification was for an already finalised result.

Read: Haleem challenges results in SHC

The ECP counsel informed the court that two benches have been f6ormed to hear petitions challenging election results. Chief Justice Abbasi remarked that the ECP's responsibility to process petitions according to the law and advised candidates to approach the commission.

Barrister Salahuddin Ahmed, counsel for the petitioner, argued for restraining the ECP from issuing a final notification until the petitions are decided. Chief Justice Abbasi questioned the haste in issuing the notification for NA-238 on February 12.

The ECP lawyer assured the court that petitions would be disposed of within the stipulated period. The court referred to the Supreme Court's orders, directing the ECP to hear all petitions and issue orders according to the law by February 22.

The written judgment highlighted that the ECP should examine the records of Form 45 or 47 of the petitioners, rectify any irregularities, and allow the affected party to approach the relevant forum if the issue persists. The court directed the petitioners to address concerns under the Election Act, 2017.

In the end, the SHC bench disposed of the petitions against the election results of over 40 national and provincial constituencies, including those involving Syed Mustafa Kamal, Khalid Maqbool Siddiqui, and others.

Published in The Express Tribune, February 14^th 2024.