KARACHI: An election tribunal has directed the Election Commission of Pakistan (ECP) to keep the original Form-45s and other record of a National Assembly constituency at a secure place and ensure that no party could access such electoral record.

While disposing of an application of a Pakistan Tehreek-i-Insaf (PTI) leader seeking election record from the electoral watchdog, the tribunal headed by Justice Mohammad Karim Khan Agha of the Sindh High Court observed that it was not necessary to call such record at that stage, but it might be called during the course of deciding the election petition.

PTI Sindh president Haleem Adil Sheikh had filed an election petition impugning the result of NA-238 (Karachi East-VI) and also moved a separate application seeking directive for the ECP to produce the original Form-45s of the constituency before the tribunal since the lawyer for the petitioner asserted that the entire controversy surrounded around the tampering of the Form-45s by the respondents.

The tribunal said it would hear arguments as to the maintainability of the main election petition on April 19 and no adjournment would be granted to any party under any circumstances.

It deplored that despite being put on notice on the application, none of the respondents apart from the ECP had preferred to appear before the court.

The tribunal in it order said that it had gone through the application and also heard the lawyer for the petitioner, deputy attorney general, assistant advocate general and a representative of the ECP.

“At this stage, I do not consider that it is necessary to call for the record of Form-45s, however, the ECP is directed to keep the original Form-45s in respect of this constituency in safe and secure place, separate from other constituencies with all the relevant bags being sealed and where no party has access. It is noted that during the course of deciding this petition, such original forms might be called by this tribunal if deemed necessary,” it added.

It also stated that there were 27 respondents in the petition and despite being served notices, only a representative of the ECP was present and, therefore, the tribunal asked its office to issue them notices again for April 19 when the respondents must have the opportunity to point out any legal infirmity in that election petition.

It also said that in addition to a regular bailiff service, notice also be served to Returning Officer Farooq Ahmed Qazi through the chief secretary who must file his service report through the advocate general Sindh at the next hearing.

The tribunal further asked its office to also issue notice to Jamaat-i-Islami’s candidate Saifuddin through bailiff as well as the SSP-East as he had secured the third lightest votes from the subject constituency.

In his election petition, Mr Sheikh submitted that he had contested Feb 8 elections as independent candidate from NA-238 after the PTI lost its electoral symbol.

Citing the ECP, provincial election commissioner, RO, returned candidate from the subject constituency Sadiq Iftikhar and over 20 others as respondents, the petitioner asked the tribunal to set aside the impugned result/notification and declare him as winner or order fresh election in the entire constituency.

The petitioner contended that as per Form-45s, obtained from all polling stations of the constituency, he had secured the highest number of votes (84,049) while around 10,000 votes were polled to MQM-P’s aspirant Mr Iftikhar.

The PTI leader also asserted that his votes were decreased to 36,885 through tampering and forgery of Form 45s, 47 and 48 while votes of his rival candidate were increased to 54,385 in the impugned result.

Published in Dawn, March 30th, 2024