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October 1, 2005 Saturday Sha'aban 26, 1426

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PHC takes up women vote ban petition



Bureau Report


PESHAWAR, Sept 30: The Peshawar High Court on Friday ordered issuance of notices to the chief election commissioner of Pakistan and the provincial election commissioner on a writ petition against alleged disenfranchisement of women in a Malakand union council.

A two-judge bench comprising Justice Ijazul Hassan and Justice Fazalur Rehman Khan also called comments from the said two respondents.

The petition has been filed by Ms Gul Mina and various other women of Wanther union council, Malakand. They have prayed the court to nullify voting in that UC on the grounds women were not allowed to cast vote.

Barrister Masood Kausar, appearing for the petitioners, contended that the candidates and local elders had entered into agreement that they would not allow women to exercise their right to vote.

The bench asked him as to why he did not file a petition before an election tribunal.

Mr Kausar submitted that the petitioners were not contestants hence they could not move election tribunal.

The counsel argued that the area police had also connived with the candidates and had not provided protection to women. He submitted that in few cases the chief election commissioner had ordered re-polling but in majority of cases, including that of UC Wanther, no action had been taken.

ELECTION DIPUTES: The same bench disposed of three writ petitions regarding local government polls with the observation that post election disputes could only be raised before an election tribunal.

The petitions were filed by Rizwanullah, Khushal Khan and Haji Sher Zaman, losing candidates in three union councils of Mardan district. They had challenged the election of their rivals on the ground that they possessed sanads of seminaries.

Advocate Amjid Ali appeared for the petitioners and argued that in the light of a verdict of the Supreme Court the respondents were not eligible to contest therefore their elections should be declared null and void.



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