KARACHI: The Sindh High Court on Tuesday restrained the Election Commission of Pakistan from issuing a notification of the returned candidate in NA-249 — a National Assembly constituency in Karachi’s West district — and issued notices on a petition seeking recount of votes.

Pakistan Muslim League-Nawaz president Shahbaz Sharif, through his counsel, filed the petition seeking a direction for the ECP to not notify Pakistan Tehreek-i-Insaf’s Faisal Vawda as the successful candidate from NA-249 (Karachi West-II) till the pending of the petition.

He also pleaded for recounting of votes of the entire constituency.

ECP restrained from declaring PTI’s Vawda winner in constituency

A two-judge SHC bench headed by Justice Mohammad Ali Mazhar issued notices to the ECP, retuning officer (RO) of NA-249 and other respondents as well as deputy attorney general for Aug 10.

The bench in its order ruled: “Till next date of hearing, the ECP shall not notify the name of candidate who has received the highest number of votes and stands elected for NA-249, Karachi West-II.”

Petitioner’s lawyer Shaikh Jawaid Mir submitted that Mr Sharif had contested election from NA-249 and secured 34,626 votes whereas Mr Vawda of the PTI got 35,349 votes.

He said that there was only a difference of 723 votes between the two candidates while 2,684 votes were rejected in the constituency.

The lawyer submitted that an application for recounting was moved before the RO concerned, but it was dismissed through an order dated July 27.

He contended that due to a close margin and keeping in view the rejected votes, it was the responsibility of the RO to carry out the exercise for recounting.

He said Section 95 (5) of the Elections Act says: “Before commencement of the consolidation proceedings, the retuning officer shall recount the ballet papers of one or more polling stations if a request or challenge in writing is made by a contesting candidate or his election agent and the margin of victory is less than five per cent of the total votes polled in the constituency or 10,000 votes, whichever is less, or the returning officer considers such request as not unreasonable.”

He argued that an application was also filed before the ECP for recounting, but the director protocol of the ECP communicated to the petitioner on Aug 1 that the process of consolidation had been completed and therefore he may approach the appropriate forum through an election petition.

He submitted that the polling agents of the petitioners were not allowed to enter the polling stations and when they were allowed the ballot boxes were already sealed.

Impleading the ECP, RO, PTI candidate and 14 others as respondents, the petitioner pleaded for a complete recount of votes and asked for a restraining order for the ECP from announcing the final result.

He also sought a direction for the RO to secure the election material and keep the same in safe place so it could not be tampered with.

ECP asked to stay notification of returned candidate on NA-237

The same bench also restrained the ECP from notifying the returned candidate in NA-237 — a Malir district NA seat — on an identical petition filed by a Pakistan Peoples Party candidate and also put the ECP, RO and others on notice till Aug 10.

Petitioner Abdul Hakeem Baloch of the PPP submitted that he had contested the election from NA-237 (Malir-II) and obtained 31,907 votes whereas Jamil Ahmed Khan of the PTI reportedly secured 33,289 votes.

He said that the margin of victory was a mere 1,300 votes.

He submitted that an application was filed with the RO for a recount, but it was turned down. He also approached the ECP with a similar request, but the ECP verbally rejected it.

He pleaded for the recount of votes and restraining order.

The same bench also issued notices to respondents on another petition seeking recount on a provincial assembly seat (PS-116) and barred the ECP from notifying the final result.

Petitioner Haji Sualaheen of the PML-N submitted that he secured 9,711 votes while Malik Shahzad Awan of the PTI obtained 9,966 votes.

He maintained that there was very narrow margin of victory and pleaded for recount.

Published in Dawn, August 8th, 2018