CM disqualification case: SHC suspends ECP’s order of case transfer

The restraining order came on an election petition filed by the former CM Ghous Ali Shah

KARACHI:

The Sindh High Court (SHC) suspended on Tuesday the election commissioner's order to transfer the proceedings on Chief Minister Qaim Ali Shah's election on Khairpur's provincial assembly seat, PS-29, to the Hyderabad election tribunal.

A division bench, headed by Justice Munib Akhtar, also issued notices to the secretary of the Election Commission of Pakistan (ECP), the chief election commissioner, the CM and the provincial advocate-general to file their comments by April 7.

The restraining order came on an election petition filed by the former CM and Pakistan Muslim League - Nawaz candidate, Ghous Ali Shah, who had lost the election on PS-29 to Qaim Ali Shah during the May 2013 general elections.

The petitioner told the two judges that the election tribunal in Karachi had recorded evidence on his election petition regarding alleged rigging in the PS-29 election when the high court restrained the tribunal from further proceeding with the matter. Later, the ECP extended the tenure of all the election tribunals across the country except the one in Karachi, he added.

Advocate Aslam Bhutta said that, on March 3, the ECP passed an order on Shah’s application, transferring the proceedings to the Hyderabad tribunal. This was illegal as no prior notices were issued by the election body to the parties. He also claimed that Shah is a good friend of the head of the Hyderabad tribunal, Ashfaq Baloch. He pleaded the court suspend the election commissioner's order for the transfer.

The bench issued notices to the ECP secretary, the chief election commissioner, Shah and Sindh advocate-general to file their comments by April 7. “Till then, the operation of the impugned order is suspended,” ordered the judges.

Published in The Express Tribune, April 1^st, 2015.