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PESHAWAR, Oct 4: The Peshawar High court on Tuesday stayed re-counting of votes in a union council of Swabi. The re-counting was ordered by an election tribunal. A two-judge bench comprising Justice Shehzad Akber Khan and Justice Ejaz Afzal ordered that the operation of the impugned order of the election tribunal in Swabi dated Oct 1 should remained suspended till next hearing of the matter.
The order was passed on a writ petition filed by nazim and naib nazim of union council Gandaf (Swabi), Umet Khan and Azmat Khan, challenging the order of Ms Irshad Qaiser, the presiding officer of the election tribunal for Swabi. The tribunal had directed the concerned returning officer to conduct re-counting of all the votes cast on Oct 3 and the returning officer had fixed Oct 4 (Tuesday) for the re-counting.
The court summoned record of the case and also issued notices to rival candidates and other respondents, including the Election Commission of Pakistan.
The petitioners had defeated panel of respondent Ashraf Khan with a thin margin of only two votes.
Advocate Ms Mussarat Hilali appeared for the petitioners and contended that the petitioners were condemned unheard by the tribunal. She stated that on Sep 20 consolidated result was issued by the returning officer according to which the petitioners had secured 1129 votes against the 1127 votes bagged by respondent Ashraf Khan’s panel.
She stated that the rival candidates had given in writing that they had no objection over the result. Later on, she added, they filed an application with the returning officer seeking recounting of all the votes which was dismissed by the district returning officer.
Ms Hilali stated that the respondents filed an election petition before the tribunal which fixed Oct 15 for further proceedings on it. However, she added, prior to that date on Oct 1 the tribunal issued an order whereby recounting was ordered.
PETITION DISMISSED: Another bench dismissed a writ petition seeking disqualification of a candidate for the post of Batagram District Nazim Ahsanullah Khan on the basis of his educational qualification.
The petition was filed by his rival candidate Attaur Rehman. He had pleaded that respondent Ahsanullah possessed degree of a university situated in the USA and did not possess an equivalence certificate issued by the Higher Education Commission.
Barrister Masood Kausar appeared for respondent Ahsanullah and produced an equivalence certificate of the HEC. He argued that the degree possessed by the respondent was equal to graduation. The bench comprising Justice Shahjehan Khan and Justice Fazlaur Rehman observed that the respondent was qualified to contest polls.
