KARACHI, Nov 1: The Sindh High Court has issued notices to the attorney- general and the Sindh advocate-general in a writ petition moved by the president of the Sindh Democratic Alliance, Imtiaz Ali Sheikh, against the Election Commission’s decision to denotify his name as the winning candidate from PS-11 (Shikarpur) and to notify that of his nearest rival, Agha Tariq of the PPP.
A division bench, comprising Justice Ghulam Rabbani and Justice Zawwar Husain Jaferi, heard the arguments of advocates Abrar Hasan and Raza Hashmi, counsel for the petitioner and the respondent, respectively, early on Friday morning and reserved its order. The bench had earlier declined to stay EC proceedings on Agha Tariq’s complaint but kept the petition pending.
The EC, meanwhile, revised its decision to notify Imtiaz Sheikh and declared Agha Tariq the winning candidate from PS-11 on Oct 28 in terms of the results tabulated by the returning officer.
Mr Sheikh, who was notified as the winner on Oct 20, said the EC had become functus officio after declaring the result. It had no power left to reconsider its notification.
Agha Tariq said in his rejoinder that according to the result tabulated and intimated to the EC by the returning officer, he had a clear lead over the petitioner. However, due to an error “floating on the surface,” his rival was notified elected. The EC was fully empowered to rectify the error under section 103 AA of the Representation of the People Act, which had been enacted to meet just such an eventuality.
In an order announced late in the evening, the bench directed that since the petition involved interpretation of constitutional provisions, notices be issued to the attorney-general and the advocate-general. The matter is to be fixed for hearing on Nov 5 according to the roster.
