SHC restrains election tribunal at Sukkur from proceedings on appeal against DurraniSeptember 17, 2013
KARACHI: Sindh High Court SHC on Tuesday restrained the Election Tribunal at Sukkur form proceedings on election appeal against Sindh Assembly speaker Agha Siraj Durrani, who won the provincial assembly seat PS09 in Shikarpur.
A division bench of SHC headed by Justice Aqeel Ahmed Abbasi also issued a notices to Ministry of Parliamentary Affairs through its Secretary, Election Commission of Pakistan, Election Tribunal Sukkur, rival candidate Zulfiqar Ali Khan Kamario, asking them to submit comments on a petition of Agha Siraj Durrani, who moved the SHC against ECP’s decision of dismissing his plea seeking transfer of election appeal from Sukkur Tribunal to other tribunal.
The petitioner, speaker provincial assembly, through his counsel submitted that he secured 32,993 votes in the general elections 2013 and was declared winning candidate on provincial assembly seat PS9 in Shikarpur.
He said that that his rival candidate Zulfiqar Ali Khan Kamario, who lost seat to him with margin of 1729 votes, challenged the results of the election under Section 52 of the Representation of People Act 1976 before the Election Tribunal at Sukkur.
He stated that runner candidate moved Election Tribunal Sukkur seeking verification of thumb impression of CNIC of votes cast at 24 polling stations of constituency from NADRA.
The petitioner through his counsel Rasheed A Rizvi told the judges that Election Tribunal allowed the application of losing candidate on 6 September 2013 and ordered for verification of votes cast at 24 polling stations.
He stated that tribunal, without taking into consideration his submission, ordered for verification of votes in haste.
The petitioner said that he had no trust in the head of the Sukkur tribunal for being a follower of Pir Pagara, who is the chief of the PML-Functional. He said he had approached ECP seeking transfer of application against him from Sukkur Tribunal to another tribunal, but plea was dismissed by ECP through order passed on Sept 03.
He said that ECP failed to appreciate his apprehensions regarding partiality of the head of the tribunal. Hence, he prayed to the court to direct to set aside the judgment of ECP and direct it transfer his election plea from tribunal at Sukkur to another tribunal.
The court was also prayed to restrain the tribunal from proceedings on the plea.