SHC dismisses defeated JI candidate’s plea against PTI’s winner

Petitioner alleges that the winning candidate had indulged in massive rigging.

KARACHI: While hearing a string of appeals against the outcome of the elections, the Sindh High Court dismissed a plea of a Jamaat-e-Islami candidate on Friday, challenging the results of the election of Karachi’s PS-39 seat which has been won by the Pakistan Tehreek-e-Insaf.

Upholding the returning officer’s decision, the bench headed by Justice Faisal Arab rejected the plea through a short order.

Abdul Razzak had taken the ECP secretary, the district returning officer, returning officer, Peerabad police’s station house officer and his political rival Hafizuddin to the court on the allegations of rigging.

The petitioner claimed that the Form XIV issued by most of the presiding officers confirmed that he had received 11,487 votes against Hafizuddin who had secured 9,452 votes. But according to the results, Hafizuddin reportedly received 15,432 votes out of the total 62,772 registered votes - these include 61,656 valid and 1,116 rejected ones.



The petitioner alleged that respondent candidate had indulged in massive rigging, illegalities and corrupt practices and committed gross violations of the Representation of Peoples Act 1976, rules and regulations during the election.

In his plea, Razzak had pleaded to the court to declare him as returned candidate for having obtained more votes than his rival PTI candidate. After preliminary hearing arguments from both sides, the bench dismissed the pleas by passing a short order.

“The petitioner, however, shall be free to pursue his application under Section 103-AA(2) of the Representation of Peoples Act 1976 pending before the Election Commission of Pakistan,” the judges ordered.

Recounting to be wrapped up

The same bench directed the Election Commission of Pakistan to decide the plea of PPP candidate, Agha Siraj Durrani, for recounting of votes polled for the PS-09 seat (Shikarpur) within fifteen days. PML-F’s Zulfikar Ali Kamariyo told the court that although he had won the election, Durrani had approached the ECP for recounting of the votes. He apprehended that the rival candidate would influence the election results, as he might use the district executive to get the results changed during recounting.

Disposing of the petition, the bench directed the ECP to decide Durrani’s plea in accordance with law.

The bench allowed a petition, seeking recounting of votes cast for the Sindh Assembly seat, PS-22 (Naushero Feroze).

Arif Mustafa Jatoi, a National Peoples Party’s candidate, had lost the seat to PPP’s Abdul Sattar Paracha, claiming that results were changed at the behest of Paracha. He approached the ECP for recounting of votes and asked the court to restrain the election body from notifying the winning candidate until the recounting process was completed. Allowing his petition, the bench ordered the ECP to recount the votes.

The bench dismissed another petition seeking recounting of votes at 18 polling stations of NA-202 (Shikarpur) after the petitioner did not follow up on it.

Petitioner Muhammad Ibrahim Jatoi, who lost the seat to PPP’s Aftab Shaban Mirani, had sought recounting of votes over alleged rigging and irregularities.

Stay extended

A bench headed by Justice Maqbool Baqar restrained the Election Commission of Pakistan from notifying the successful candidate for the Sindh Assembly seat PS-85, Mirpur Sakro, Thatta-II, till May 31.

On May 21, the bench had passed stay order on a petition filed by PPP’s Sassui Palijo, who lost the seat to PML-N’s Ameer Haider Shah Shirazi. She accused Shirazi of robbing her mandate by committing irregularities at numerous polling stations in the constituency.

On Friday, the judges directed the ECP to decide the petitioner’s plea for votes recounting till May 31. Till then the election commission was restrained from notifying the returned candidate by the next date.

Published in The Express Tribune, May 25^th, 2013.