April 12, 2008	Saturday	Rabi-us-Sani 5, 1429

KARACHI, April 11: The Sindh High Court upheld on Friday an election commission’s order for fresh balloting at 27 polling stations of the Sindh Assembly constituency PS-15 (Jacobabad-III) due on Saturday.

A division bench comprising Justices Mrs Qaiser Iqbal and Mahmood Alam Rizvi dismissed a petition moved by PML(Q) candidate Dr Sohrab Sarki, who was declared elected according to unofficial results.

Advocate Khwaja Shamsul Islam argued on his behalf that the Election Commission could not have ordered fresh balloting at the selected polling stations in exercise of its powers under Section 103-AA of the Representation of People Act, 1976. The only order permissible under the provision was a fresh election or by-election in the entire constituency as recently held by another division bench of the high court. He denied that his client won by unfair means and argued that if at any irregularity was committed the only way out for PPP candidate Hasan Khoso was to file an election petition under the constitution.

Representing the PPP nominee, Advocates Abrar Hasan and Masroor Alvi argued that the PS-15 case was distinguishable from the case of Shikarpur national and provincial constituencies agitated by Aftab Shaban Mirani and his provincial running mate. In the present case, the district returning officer and the returning officers informed the election commission that the results could not be consolidated at 27 polling stations because of widespread rigging and law and order situation. The complaints of rigging were borne out by the EC record.

The bench dismissed the PML(Q) nominee’s petition, paving the way for re-poll at 27 polling stations of PS-15 on Saturday, unless Dr Sarki, a former provincial minister, obtains a stay order.