PESHAWAR, Oct 17: A two-judge bench of the Peshawar High Court on Monday issued notice to the Election Commission and Awam Dost Group’s candidate Ahmad Hassan Khan on a writ petition challenging the result of polling for the post of Lower Dir nazim, which was declared a tie.

The petition has been filed by Mohammad Rasool of the Al Khidmat group. The candidates received 198 votes each in the election.

The returning officer announced a tie between the candidates and decided to hold toss of a coin in accordance with Rule 37 of the NWFP Local Government Elections Rules, 2005.

The petitioner has challenged two votes of Ahmad Hassan, stating that those were invalid.

Advocate Muzamil Khan appeared for the petitioner and argued that Mr Rasool’s side had objected against three votes of Mr Hassan, which were separated by the presiding officer. In initial counting the petitioner had a lead of two votes, he said. The returning officer accepted one of the vote which had earlier been declared invalid on the ground of double-stamping, as the voter had put the stamp on the symbol as well as name of a candidate.

Mr Khan argued that under Rule 35 of the Local Government Elections Rules 2005 a vote should be considered invalid if there was any other mark on the ballot paper except the stamp in the space meant for it.

He said that another of the votes was sent to the provincial election commission for opinion, which observed that it was invalid. However, the returning officer, the lawyer said, considered the third rejected vote and counted it in favour of Mr Hassan, leading to a tie between the two candidates.