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| January 12, 2002 | Saturday | Shawwal 27, 1422 |
Petition sent to referee judge after split verdict: Local bodies election dispute
PESHAWAR, Jan 11: A writ petition challenging an order of the Chief Election Commissioner of Pakistan was referred to a referee judge as split verdict was given by a division bench which earlier heard it.
A two-member bench of the high court comprising Justice Khalida Rachied and Justice Qaim Jan Khan had reserved its judgment on Dec 5 last year after it concluded hearing in the petition filed by Arbab Aamir.
It is learnt that the judges on the bench had delivered a split verdict following which the case was referred to the chief justice for sending it to a referee judge. The chief justice has referred the case to Justice Ijaz Afzal, who will hear the petition on Jan 14.
The case involving two influential political families of Peshawar — Usman Alam Jhagra and Arbab Aamir — has been pending before the high court since the fourth phase of local government elections were held on July 2, and it involves the question whether the chief election commissioner could interfere in an election dispute.
The petition was filed by Arbab Aamir, brother of a former ANP MNA Arbab Zahir, challenging the order of the chief election commissioner who had declared Usman Jhagra, nephew of PML Secretary-General Iqbal Zafar Jhagra, as Nazim of Union Council Mera Kachori.
Advocate Qazi Muhammad Anwer represented the petitioner whereas Barrister Jehanzeb Raheem appeared for the respondent, Usman Alam.
The petitioner claimed that initially the returning officer had declared Mr Jhagra elected with a margin of nine votes. However, he added, on an application of the petitioner the recounting of votes took place during which Mr Aamir was declared successful by excluding nearly 300 votes of a polling station which did not carry signatures of the presiding officer.
He stated that the respondent, Mr Jhagra, approached the Chief Election Commissioner who on July 17 set aside the order of returning officer and again declared Mr Jhagra as Nazim of the union council.
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