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KARACHI, Oct 25: Sindh High Court on Friday rejected an MPA-elect’s plea to restrain the Election Commission from proceeding with his rival’s representation to reverse the notification of his election.
A division bench comprising Chief Justice Syed Sayeed Ashhad and Justice Ghulam Rabbani observed after hearing the two sides that the objections raised by the petitioner, Sindh Democratic Alliance President Imtiaz Ahmed Shaikh, to the representation made by his rival from PS-11 (Shikarpur-III), Agha Tariq Khan, and the Election Commission decision to adjudicate it could be raised before the EC. The commission was scheduled to hear the representation later on Friday.
Appearing for the petitioner, Advocate Abrar Hassan submitted that the EC became functus officio after notifying an election result. All subsequent electoral challenges can be made only through an election petition before a competent election tribunal. The commission had no power left in it after a gazette notification to entertain any election dispute.
Agha Tariq’s counsel, Raza Hashmi, who was present in the court when the bench took up the petition, submitted that the commission was due to consider the matter at 3.30pm on Friday and all objections could be raised before it. The EC proceedings or a decision on the representation would not divest the high court of its power to interfere in the matter in exercise of its writ jurisdiction to rectify any illegality.
Without restraining the EC, the bench kept the petition pending and adjourned further hearing.
REAPPOINTMENT CASE: The Sindh High Court admitted to regular hearing on Friday a writ petition challenging the reappointment of Mir Fawad as member (technical) of the customs, excise and sales tax appellate tribunal, Karachi, in BPS 21.
Arguing the petition, Advocate Aziz A. Shaikh submitted that the reappointment was particularly improper and illegal in view of the observations made against the member by the high court in a reported case, following which he was transferred.
The lawyer also contended that the customs tribunal fell within the supervisory jurisdiction of the high court under Article 203 of the Constitution. The appointment should, therefore, have been made in consultation with the SHC chief justice. The functionaries at the ministry of law and justice were apparently ignorant of this legal position.
A division bench comprising Justices Sabihuddin Ahmed and Amir Hani Muslim admitted the petition for hearing in December.
Contempt notice: A division bench of the High Court of Sindh (SHC), comprising Justice Sabihuddin Ahmed and Justice Amir Hani Muslim, on Friday issued contempt of court notice to the Nazim of Korangi Town, the SHO of Korangi and other officials of the city government for Oct 29, adds APP.
Haji Abdul Aziz, applicant moving the court maintained that the plot A-235, near Mohammedi Market, Korangi 3-1/2, was leased out to him but the alleged contemners had forbidden him from raising construction on it. He said that on Sept 5 a bench of the SHC hearing his plea allowed him to carry out construction on the plot. But despite the court order, the alleged contemners demolished the structure.
The bench, after hearing the counsel for the petitioner, issued contempt of court notices to the contemners.
Another bench of the SHC, comprising Justice Sarmad Jalal Osmany, issued notice to the jail superintendent for Oct 29 on a constitutional petition filed by a convict, Abdul Jaleel.
The petitioner, sentenced to serve life-term for killing Noor and Ameena, moved the court maintaining that he had served out his sentence but was not being released.
