PS 53 by election: SHC reserves judgment in Waheeda Shah case

Lawyers told to submit their arguments in writing.


Our Correspondent August 02, 2012

KARACHI: A division bench of the Sindh High Court on Wednesday reserved its judgment in Waheeda Shah case regarding election in constituency PS 53 Hyderabad after the counsel for respective sides concluded their arguments.

The bench, comprising Justice Munib Akhtar and Justice Aftab Ahmed Gorar, also directed the counsels to submit the summary of their arguments in writing within a week’s time.

Earlier submitting his arguments, counsel for the Election Commission of Pakistan said that District and Sessions Court which set aside the conviction of Waheeda Shah for alleged misbehavior with lady election officials ignored material facts and proof.

He defended the conviction and disqualification of the PPP candidate and said action by the Election Commission under section 100 and 103 AA of the Peoples Representation Act were legal as her conduct attracted the said provisions of law.

The order of the District and Sessions Judge was beyond his powers in this particular case, argued the counsel for the Election Commission questioning the order of District Judge who sat aside the conviction of Waheeda Shah for slapping the women polling officers.

Rasheed Razvi advocate, counsel for Syeda Waheeda Shah, submitted that his client had rightly invoked the jurisdiction of Sessions court. One incident cannot be termed as grave irregularity, submitted Rasheed Razvi advocate.

Syed Haider Imam Rizvi advocate, another counsel for petitioner, pointed out anomalies in the arguments advanced by the Election Commission’s counsel and decision by a three-member committee which declared the bye elections as null and void.

Published in The Express Tribune, August 3rd, 2012.

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