SHC suspends operation of ET Sukkur orderDecember 26, 2013
Karachi: Sindh High Court (SHC) Thursday suspended the operation of an order of the Election Tribunal Sukkur regarding recounting and rechecking of votes cast in entire polling stations of PS-14, a provincial assembly seat in Jacobabad-II won by a Pakistan Peoples’ Party Parliamentarian (PPPP) candidate.
The bench of SHC headed by Justice Sajjad Ali Shah also issued notices to the Election Commission of Pakistan, presiding officer of the ET at Sukkur and Muhammad Aslam Abro, a Pakistan Muslim League-Nawaz (PML-N) candidate and adjourned the hearing to January 13, 2014.
PPP MPA Sardar Muhammad Muqeem Khan represented by Advocate Farooq H Naik and Shazia Hanjrah, assailed the order of ET at Sukkur, terming it unconstitutional.
The petitioner submitted that Muhammad Aslam Abro a PML-N leader was declared winner by Election Commission of Pakistan (ECP) with a slight difference of votes in its earlier results.
However, Khoso said that he requested to the ECP for re-counting the votes which was accepted and later on the result was altogether different. He was declared a winning contestant with difference of just 62 votes after re-counting by ECP and a notification of his success was also issued.
Later, he said that Muhammad Aslam Abro filed an application with ECP challenging the results of the Election of constituency won be him. The petitioner said that on 25.10.2013 PML-N candidate filed an application under section 151 of Civil Procedure Code, 1908 for re-counting of ballot papers of polling station No. 39 as well as rejected votes declared at the time of reconsolidation of election results of the said constituency.
He said that ET allowed the PML-N candidate’s application for re-counting and re-checking of the ballot papers from count of entire PS-14.
The petitioner argued that ET erred in not appreciating the fact that the PML-N candidate failed to make out a case for recounting and rechecking.
He maintained that ET unconstitutionally passed order and pleaded the court set aside the order of the ET.