SHC directs ECP to decide matter of petitioner on PS144 pollsMay 28, 2013
Karachi: The Sindh High Court SHC on Tuesday directed the Election Commission of Pakistan to decide the matter of Muttahida Qaumi Movement MQM candidate Rauf Siddiqui, who lost provincial assembly seat PS144 to Pakistan Muslim League-Nawaz’s PMLN Irfanullah Khan Marwat, pertaining to his allegations of rigging in his constituency.
A division bench headed by Justice Faisal Arab gave the directions while disposing of the petition filed by Muttahida Qaumi Movement MQM leader and candidate Rauf Siddiqui, who levelled allegations of rigging against PMLN Irfanullah Khan Marwat.
The petitioner through his counsel Farough Naseem alleged that PMLN candidate won provincial assembly seat by rigging, adding that rival candidate also unleashed the spell of terror in 92 polling stations of his constituency.
He said that election staff of the all 92 polling stations of the constituency was held hostage by the PMLN supporters, who also roughed up them. On his application filed under Section 103A of the Representation of the Peoples Act 1976 to seek inquiry into the state of affairs, ECP has yet to decide the matter, he added.
He prayed to court to direct the respondents to restrain the winning candidate from PS114 from taking oath as member of provincial assembly and order for repolling in said constituency.
The court directed the ECP to decide the matter of petitioner according to law.
Same bench also ordered the returning officers of NA217 Khairpur to recount the votes. Petition was filed by the PPP candidate Syed Javeed Ali Shah, who lost National Assembly seat NA217 to Pakistan Muslim League Functional PMLF candidate Syed Kazim Ali Shah, the petitioner submitted that his rival candidate the rigged the elections. He said that PMLF supporters during the polling day held hostage the polling staff and also threatened the polling agents of his party.
He said that following his application, ECP had ordered the returning officer of the constituency to recount the votes in presence of all candidates. However, he said that returning officer has not complied with ECP orders.
Therefore he prayed to court direct the ECP to order recounting of the voting cast at NA217 constituency.