The election tribunal, headed by a former Sindh High Court judge Zafar Ahmed Khan Sherwani, also declared the rival Pakistan Muslim League-N's candidate, Liaquat Ali Jatoi, as winner. Junejo had won the seat by securing 56,838 votes during the May 2013 general elections, defeating the runner-up Jatoi, who bagged 22,803 votes.
Jatoi challenged the election results and claimed that Junejo had rigged the polls at 42 polling stations in the constituency. Junejo deployed polling staff of her own choice at the polling stations, claimed Jatoi, adding that she used wanted criminals to stop his polling agents and voters from entering the polling stations.
According to the petitioner, 2,294 votes cast in his favour were excluded, while the returned candidate's polling agents polled 300 to 400 bogus votes on fake ballot books which were recovered by the police. He pleaded the tribunal nullify the entire election and declare him the winner instead as he secured more votes.
Junejo's denial
Initially, Junejo filed a statement to the tribunal denying the allegations of rigging and violating the election rules. During the course of proceedings, her lawyer filed a statement, informing the tribunal that the respondent candidate had resigned from the seat and the Sindh assembly speaker had also accepted her resignation. However, she clarified later that she was forced to put her signatures on a white paper and that her resignation was not a genuine one.
Verdict
The tribunal noted that the petitioner has successfully proved that the PPP candidate secured the election by corrupt practices, as defined in Section 78(2) read with Section 81(1)(a) and (b) of the Representation of Peoples Act 1976. These sections relate to the use of undue influence by any person to vote or refrain others from voting at an election.
"Hence the election of the returned candidate is declared as void as provided in the Section 68(1)( C) of the Act," said the tribunal. "The petitioner being runner-up candidate and has so claimed to be declared as elected and this tribunal is satisfied that he is entitled to be declared as such under Section 69 of the Act and therefore declared according."
Allowing the petition, the tribunal directed the Election Commission of Pakistan to issue an official notification under Section 72 of the Act.
Published in The Express Tribune, November 20th, 2014.
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