04 June 2004	Friday	15 Rabi-us-Saani 1425

KARACHI, June 3: The Sindh High Court issued notices to the Election Commission of Pakistan and other respondents in a writ petition moved by the candidates of the Muttahida Qaumi Movement for declaration of the May 12 national and provincial by election results in the city.

Advocate Abul Inam submitted an amended petition impleading the returning officers of the three national constituencies (NA-240, NA-243 and NA-246) and provincial constituency (PS-127) along with the other contesting candidates and omitting the Sindh government from the list.

The Election Commission withheld the announcement of the consolidated results, according to which the MQM candidates had won the four seats, following reports of violence, claiming several lives and irregularities. An inquiry was commenced by an EC member, who stayed the declaration of results and referred the matter for consideration of the entire five-member commission.

The commission took up the probe at Islamabad and rejected an MQM plea for declaration and notification of the successful candidates in the meanwhile. The four petitioners maintained that no election to the parliament or a provincial assembly could be called into question except by an election petition to be presented to a tribunal.

The tribunals had already been constituted and the EC was no longer empowered to continue an open-ended inquiry. The constituencies could not be left unrepresented indefinitely in violation of Section 42 of the Representation of People Act, for it would amount to disenfranchisement of their voters.

Section 103AA of the RPA, the petitioners submitted, empowered the commission only to hold a summary inquiry without overriding other provisions of the Act and it was mandatory to announce the results after every election and by election.

The independent and other party candidates who fought the by elections against the petitioners have all been cited as respondents and a division bench, comprising Justices Shabbir Ahmed and Khilji Arif Hussain, directed that notices be issued to them along with others for a date in office.