MUZAFFARABAD, March 10: The Supreme Court of Azad Jammu and Kashmir on Monday accepting the appeal of People’s Party legislator Chaudhry Maqbool has set aside the order of the election tribunal against his election as member of the Legislative Assembly.
The victory of Mr Maqbool on the basis of re-polling in one of the polling stations of his constituency in Gujranwala — LA- 30, Jammu II — was challenged by his electoral rival, Chaudhry Mohammed Ismail, of Muslim Conference, in the election tribunal.
On Dec 24, 2002, the tribunal had set aside the notification of the chief election commissioner, issued on July 10, 2001 for the re-polling, and declared Mr Ismail as MLA-elect on the basis of initial official counting of votes.
However, Mr Maqbool filed the appeal against the tribunal’s decision in the Supreme Court on Dec 27, 2002, which granted him interim relief on the following day by suspending the order of the tribunal.
On Monday, an apex court bench, comprising Chief Justice Mohammed Yunus Surakhvi and Justice Khawaja Mohammad Saeed, declared in its judgment that the chief election commissioner had powers, under section 24(A) and section 92 of the Azad Jammu and Kashmir Legislative Assembly Election Ordinance 1970, to hold re- polling. Therefore, Mr Maqbool was successful candidate from LA- 30 Jammu II by 137 votes, the bench declared.
