SHC suspends ECP decision on recounting of votes

The Sindh High Court (SHC) issued notices to the parties while suspending the decision of the Election Commission (ECP) on the plea of PTI Member of the Sindh Assembly Sirbuland Khan from PS-112 against recounting.

The counsellor of the petitioner argued before the court that my client had diligently attended the assembly session for two months. To our surprise, a recount was abruptly conducted yesterday in conjunction with the Election Commission. According to the rules, a recount takes place on a margin of 5 per cent or less. Sirbuland Khan had a significant lead of 6,500 votes or 11 per cent over the PPP candidate.

However, the court suspended the recount decision made by the Election Commission. Notably, the Election Commission had ordered a recount on PS-112 on April 1.

The court has sent notifications to the Election Commission, the candidate of the PPP Muhammad Asif, and other relevant parties, requesting their responses by April 18th.

PTI leader Sirbuland Khan stated after the hearing that our results were changed overnight. I received 16,000 votes on Form 45, but unfortunately lost the election by a margin of 550 votes. The new unfolded ballot papers were found in the ballot box. It raises the question of how voters managed to insert unfolded ballot paper in the box.

In a separate hearing, the Election Tribunal heard a plea of Irfanullah Marwat of GDA against PPP candidate Saeed Ghani from PS-105.

The counsel for the petitioner asserted that over 90 per cent of votes were cast at each of the four polling stations. It is highly unlikely that 90 per cent of the votes were actually cast. Before the election, we alerted the District Returning Officers (DRO), and Returning Officers (RO) about potential rigging at these polling stations. The Election Rules clearly state that polling stations that are under potential control should be relocated. Chanesar Goth is Saeed Ghani's native region, and the aforementioned polling stations fall under his jurisdiction. The result of Saeed Ghani's victory must be annulled, and order should be given to conduct re-polling at four polling stations in Chanesar Goth.

The Election Tribunal issued notices to PPP leader Saeed Ghani and through the speaker Sindh Assembly ordered Saeed Ghani to comply with the notice.

Furthermore, the Election Tribunal also issued notices to 32 candidates, besides Advocate General of Sindh and the Deputy Attorney General.

The Election Tribunal also sought arguments on the admissibility of the petition. The tribunal instructed that any documents in the plea written in Urdu must be translated into English before the upcoming hearing.

Additionally, the tribunal issued an order to forward the report to the speaker of the Sindh Assembly, the Advocate General of Sindh, and the Attorney General of Pakistan. Additionally, the tribunal has been mandated to send orders to the speaker Sindh Assembly, Advocate General Sindh and Attorney General Pakistan.

Published in The Express Tribune, April 6^th, 2024.