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| December 13, 2005 | Tuesday | Ziqa’ad 10, 1426 |
Judgment reserved on nazim’s petition
PESHAWAR, Dec 12: Peshawar High Court on Monday reserved judgment on an election writ filed by UC Nazim elect Kakashib, Mian Rahim Shah Kakakhel challenging the orders of chief election commissioner for re-polling in two women polling stations.
The two-member bench comprising Justice Ijazul Hassan and Justice Fazlur Rehman reserved the judgment after hearing arguments of petitioner and defence counsels.
Counsel for the petitioner Qazi Muhammad Anwar in his arguments contended that his client has defeated Mian Jamshiduddin and was notified as returned candidate from the said UC.
“The CEC and DRO have no powers under LG Ordinance to issue re-polling orders once the process of election is completed,” he submitted.
Questioning the credibility of the affidavit submitted by 100 women voters to the CEC and the DRO alleging that they were barred from exercising their right of franchise, he argued that they were given full opportunity to cast their votes and their allegations to this effect were baseless and unfounded.
Iftikhar Gillani who appeared on behalf of the respondents in his submissions claimed that around 100 women have been barred to caste votes in two women polling stations of UC Kakasahib.
The women voters had registered written complaints against the nazim elect to CEC and staged a protest demonstration in front of the Election Commission Office in Islamabad demanding re-polling at two women polling stations.
In order to probe the matter the CEC directed DRO to conduct an inquiry. The DRO in his report found the charges as correct.
Mr Gilani argued that the Supreme Court has stayed the oath taking of the nazim elect till the disposal of the petition. He referred to several judgments in support of his arguments.—APP
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