ISLAMABAD, March 13: The Supreme Court on Thursday rejected an election appeal of a local PPP candidate Syed Nayyar Hussain Bokhari who lost the February 18 elections from constituency NA- 49 Islamabad-II with an observation to seek other legal remedies.
On March 3 the Election Commission of Pakistan had notified PML-N candidate Dr Chaudhry Tariq Fazal as a successful candidate from NA-49 after the election petition was dismissed by the Islamabad High Court.
A three-member Supreme Court bench comprising Justice Mohammad Nawaz Abbasi, Justice Mian Hamid Farooq and Justice Mohammad Farrukh Mehmood had taken up the appeal of Nayyar Bokhari, seeking recount of votes in NA-49 Islamabad-II.
The former member of the parliament was defeated in the elections by PML-N Dr Chaudhry Tariq Fazal with a slight margin of over 700 votes.
Advocate Syed Asghar Hussain Sabazwari represented the petitioner while senior counsel Wasim Sajjad appeared on behalf of Tariq Fazal Chaudhry.
In his appeal the petitioner had sought recounting of total votes polled in the constituency during the elections stating that the presiding officers failed to implement the clear directions of the election commission to count votes in the presence of the polling agents or representatives of respective candidates. Furthermore, signatures from the polling agents of different candidates in 161 polling stations out of a total of 197 were not taken, which cast doubts over the authenticity of elections.
The application of Nayyar Bokhari to recount the votes was also rejected by the returning officer as well as the commission and in violation of Section 38 of the elections rules, the concerned returning officer issued consolidated results in the absence of petitioner’s representatives.
APP adds: The Supreme Court dismissed the election petition filed by a PPPP ticket holder Asif Hashmi against Malik Riaz a candidate of Pakistan Muslim League (N), who was declared winner from NA 118 Lahore according to unofficial result announced by the District Returning Officer, as withdrawn.
A bench of the Supreme Court comprising Chief Justice Abdul Hameed Dogar, Justice Ejaz-ul-Hassan and Justice Ch. Ijaz Yousaf heard the case and dismissed the petition as not pressed by the counsel of the petitioner, Malik Mohammad Qayyum, Attorney General who appeared as a private counsel in this case.
The Legal Advisor of Azad Kashmir University, Muzaffarabad who appeared before the court and handed over original degree of BA to Malik Riaz, a PML (N) candidate who was declared winner according to unofficial result as announced by the Election Commission of Pakistan.
The Legal Advisor of the University also submitted attested copies of the degree and record in the Supreme Court besides providing same copies to counsels of the petitioner and the respondent, Malik Qayyum and Sheikh Muhammad Akram.
According to unofficial result, Asif Hashmi lost the election from NA 118 to Malik Riaz with a margin of more than 33,000 votes.
Asif Hashmi has raised objections over the graduation degree of Malik Raiz from the Azad Kashmir University, Muzaffarabad.
The Election Commission of Pakistan will issue official notification as directed by the Supreme Court.
