Notice to the Election Commission and Federation on petitions against the election results of 40 constituencies of Karachi

Karachi: The Sindh High Court has issued notices to the Election Commission and the Federation for February 13 on all petitions against the election results of 40 constituencies of National and Provincial Assembly from Karachi.

The petitions against the election results of 40 constituencies of National and Provincial Assembly from Karachi were heard before a two-member bench headed by Chief Justice Sindh High Court Justice Aqeel Ahmad Abbasi.

Barrister Farogh Naseem, MQM’s lawyer, argued that the admissibility of the petitions should be decided first. Barrister Salahuddin took the stand that we have requested to see the results as per Form 45.

The Chief Justice remarked that tell us do you have any option to file an application in the Election Commission or not? The Election Commission can also conduct re-polling in the entire constituency. The final notification has not come, why don’t you go to the Election Commission? The Election Commission is very empowered, there are examples of repolling in the past. It is not appropriate to affect the entire process at this stage, Election Tribunals will also be constituted after notification.

Farogh Naseem, while giving a stand, said that the Supreme Court has ruled in this regard that these petitions are inadmissible. The court inquired what has happened in the Lahore High Court on this? There have also been requests. Barrister Salahuddin stated that the Lahore High Court has given a stay. Our only demand is that the RO should count Form 45 in front of the candidate. We have not challenged the election process, the process of preparing the results is questionable, we have the full result.

The petitioner’s counsel stated that I have the results signed by the presiding officers and the polling agents of the opposing candidate. If it is said that this Form 45 self-generated is something else than the original Form 45, then the RO should produce the result in front of the candidates. The RO is bound to prepare the results in the light of Form 45 of the Presiding Officers who are given prior notice. The RO did not give a response despite the request if the candidate gets a notice.

Chief Justice Aqeel Ahmad Abbasi remarked that we may not have faith in the Election Commission, but we have to work with them, so that if we want to do something else, it will come forward. The Election Commission can hear all kinds of complaints and has full authority, why are you avoiding this process?

Barrister Salahuddin stated that you should direct the Election Commission to listen to our requests and take a decision. Barrister Farogh Naseem said that such instructions should not be given, the Election Commission can do its own work.

The Chief Justice remarked that why are the Election Commission sitting, they have their duty, they should not do it, then see what needs to be done.

The public advocate stated that the petitioners should be ordered to approach the Election Commission. The Chief Justice remarked that when you people do nothing, where will people go? All the roads will be closed, if people protest, they will be beaten with sticks, arrested, if people do not come to the court against the injustices, then where will they go?

Election Commission officer Abdullah Hanjara said that a complaint cell has been established in the Election Commission and applications are being received there. Barrister Salahuddin took the stand that you should at least stop the notification and order the Election Commission to decide to hear our petition.

The Chief Justice remarked that if we give a stay already and pronounce the decision according to our opinion, then what will happen later? Many issues related to the election will come up later, the tribunal will also be formed. A candidate’s lawyer stated that our request for recount is not even being heard. Tariq Hussain has got 11,000 votes and Sheikh Abdullah 6,000 votes in Form 45. Result in form 47 changed.

The public prosecutor took the stand that even if the winning candidate has Form 45, he will also challenge it. The Chief Justice remarked that the losers themselves are making Form 45? Alamgir’s lawyer Haider Waheed Advocate stated that the winners are making their own Form 45.

The court also directed the petitioners to send the application and Form 45 to the Election Commission through email. The Chief Justice said in a dialogue with the lawyer of the Election Commission that we are not issuing any order but you should not try to be smart, if you try to be smart then you will be ready for the results.

The court issued notices to the Election Commission and the Federation for February 13 on all the applications. The Chief Justice remarked that answer today, what action did you take? The Chief Justice directed that if there is a discrepancy between Form 45 and Form 47, examine it.

Challenged constituencies

The victory of Mustafa Kamal from Constituency NA 242 was challenged by Dua Khan Sabir, the victory of Farooq Sattar from Constituency NA 244 was challenged by Aftab Jahangir, and the victory of PPK Asad Alam Niazi from Constituency NA 237 was challenged by Zahoor Mehsud.

Similarly, Shujaat Ali won the victory of Qadir Patel from NA-243, Hafeezuddin won from Attaullah from NA-245, Amir Moin won from NA-234, Nabil Gabol from NA-239, Arshad Vihra from 240, Mirza from 241. Akhtar Baig’s victory has been challenged by PTI’s independent candidates.

The success of 2 more candidates including Khawaja Izhar of MQM from constituency NA 247 was challenged in the Sindh High Court.

Moeed Anwar of MQM from PS 101, Daniyal of MQM from PS 104, Muhammad Ahmed of Jamaat-e-Islami from PS 124, Abdul Basit of Muttahida, Abdul Waseem of MQM from PS 123, PS Iftikhar Alam from 126, PPK Ali Ahmed from PS 116, MQM candidate Mazahir Amir from PS 120, MQM candidate from PS 101 is challenged by independent candidate Agha Arsalan.