KARACHI: SHC declines to restrain nazim from voting
By Our Staff Reporter
KARACHI, Oct 5: The Sindh High Court declined to restrain the nazim and deputy nazim of a union council from voting in the city and town nazims and deputy nazims’ polls but directed the election authorities not to count the ballots cast by them pending a petition challenging their election.
Petitioners Javed Dad Rahim and Abdul Wahid claimed they were declared elected as nazim and deputy nazim of union council 6, Mauripur, Keamari Town, Karachi, after the second phase of local councils polls on August 18. The returning officer, however, revised the results on a complaint moved by their rivals, Allah Bux and Faiz Mohammad, and declared them successful.
Petitioners’ counsel Ziaul Haq Makhdoom argued that the RO became devoid of any power to entertain any complaint after the declaration of election results and had no authority to order revision of results. The competent election tribunal had exclusive jurisdiction to decide a dispute.
A division bench, comprising Justices Mushir Alam and Syed Zawwar Hussain Jaffery, ordered that the votes cast by the respondent UC nazim and deputy nazim should not be counted and be kept in a separate sealed envelop pending the disposal of the petition.
In another petition, the bench restrained the election authorities from announcing the official result of election to the office of nazim of Taluka Khairpur Nathan Shah, Dadu, till Oct 13, when a petition against the eligibility of a candidate would come up for hearing.
Petitioner Imran Ahmed Leghari alleged that his rival, Adeel Dhani Bux, was not qualified to contest the polls because he was enrolled as a voter in another taluka (Mehr Dadu).
He said he had raised the objection before the returning officer, who rejected it and accepted the candidate’s nomination paper.
By another order, the bench dismissed Sardar Muqeem Khan Khoso’s petition against rejection of his nomination for the office of district nazim of Jacobabad for his being a defaulter of the Agricultural Development Bank. The petitioner allegedly owes the bank over Rs 16 million in an outstanding loan.
