CM Shah versus former CM Shah: Election tribunal restrained from announcing verdict

PML-N's Ghous Ali Shah had challenged CM Qaim Ali Shah's victory in PS-29

KARACHI: The Hyderabad election tribunal has been restrained from announcing its verdict until Monday afternoon, with regards to the results of the general elections on Khairpur's provincial assembly seat, PS-29, on which Chief Minister Qaim Ali Shah was declared the winning candidate.

The restraining order came on a petition of the former chief minister belonging to the Pakistan Muslim League  Nawaz (PML-N), Ghous Ali Shah, who had lost the seat to the CM during the May 11, 2013 general elections.

Headed by Justice Munib Akhtar, the bench also issued notices to the chief election commissioner and Qaim Ali Shah to file their responses on the petition by May 4.

Ghous had approached the high court, challenging the Election Commission of Pakistan's order passed on his application against the transfer of his election petition against Qaim's victory to the Hyderabad election tribunal.

His lawyer, Aslam Bhutta, told the 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 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.

He mentioned that on March 3, the ECP had passed an order on Qaim Ali 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 argued.

The petitioner had claimed that CM Shah was a good friend of the head of the Hyderabad tribunal, Ashfaq Baloch, and he therefore, had no hope of justice.

He had pleaded the court to suspend the election commissioner's order for the transfer.

Initially, the SHC had, on March 30, temporarily suspended the ECP's order regarding the transfer of proceedings to the Hyderabad tribunal. Recalling its stay order on April 6, the court had dismissed the PML-N leader's plea.

"If at all, the election tribunal is said to announce its judgment on the matter which is subject of the constitutional petition, such announcement shall not be made until 2pm on May 4," said Justice Munib Akhtar, the head of the bench.

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