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KARACHI, June 19: A Sindh High Court election tribunal on Thursday declined to stay the June 23 bypoll in NA-255 (Karachi-XVII) and dismissed the petition moved by the MMA candidate, Aslam Mujahid.
Justice Muhammad Moosa K. Laghari, who constituted the tribunal, observed in his detailed order that the allegations of irregularities, illegalities and corrupt practices in an election, under the relevant provisions of the Representation of People Act, 1976, are to be established like a criminal charge, that is, beyond a shadow of doubt. The petitioner miserably failed to specify the particulars of irregularities alleged by him. No date, time or place of their occurrence or commission had been stated. Nor did the petitioner name the alleged offenders.
Besides his own affidavit, the petitioner filed those of 11 other witnesses but none of them made any specific allegation. No document whatsoever had been annexed to the petition to show that any of the alleged bogus vote was challenged by the petitioner’s polling agents, the order noted.
The petitioner, the order said, had annexed copies of complaints in order to improve his case but none of them was lodged by him. They were purportedly made by another person, who did not file an affidavit to support his allegations. The petition failed to disclose a cause of action and no purpose would be served by allowing the petitioner to lead further evidence.
The order noted that the process of byelection in the constituency was in full swing. By deciding to contest the byelection, the petitioner had acquiesced in the process and disentitled himself for grant of injunction. He was estopped by conduct from seeking stay of the electoral process.
An SHC division bench had called for the disposal of the election petition before the June 23 bypoll and its disposal by the tribunal signifies compliance with the direction.
Advocate Junaid Farooqui appeared for the petitioner and Additional Advocate-General Qazi Khalid Ali contested the petition on court notice.
PETITION DISMISSED: MMA candidate Maulana Asad Thanvi’s petition against the election of the PPP’s Khursheed Ahmed Shah from NA-198 (Sukkur) was dismissed on Thursday for his failure to verify it on oath. Justice Syed Zawwar Hussain Jaffery of the Sindh High Court, who constituted the election tribunal, that non-compliance with the mandatory provisions of Sections 55 and 63 of the Representation of People Act, 1976, was fatal to the petitioner’s case.
If there was no verification on oath or solemn affirmation by the petitioner, nothing remained to be deposed or proved by him or any other witness. “Further proceedings shall serve no useful purpose,” he observed. The judge also observed that the petition was not properly filed before the Election Commission of Pakistan. It was not properly processed by the commission either. Advocate S. Shoaun Nabi appeared for the petitioner and Advocate Imdad Ali Awan for the MNA.
LEW CASE: A division bench of the Sindh High Court reserved on Thursday its judgment on the Lyari Expressway case.
A number of people affected by the project in various areas of the city moved the court against their resettlement. The advocate-general submitted that most of the petitioners were in unlawful occupation of their premises as the lease agreements, if any, held by them were not valid. The land belonged to the provincial government and not to the Karachi Municipal Corporation, which was said to have issued lease agreements.
Arguing for a number of petitioners on Thursday, Advocate Shaukat Ali Shaikh submitted that they were granted leases under a martial law order (MLO 110 of 1978), which was aimed at regularization of katchi abadis. The MLO was protected by Article 270-A (Eighth Amendment) of the Constitution. Even if lease applications were accepted subsequently, they were made well within time under the MLO, which empowered the Karachi Municipal Corporation to grant leases.
No subsequent law or rules could deprive the leaseholders of their rights.
The bench consisted of Justices Sabihuddin Ahmed and S. Ali Aslam Jafri.
