KARACHI, Nov 6: A division bench of the Sindh High Court reserved judgment on Thursday after hearing extensive arguments for and against Sindh Democratic Alliance President Imtiaz Ahmed Sheikh’s petition challenging his denotification as MPA-elect from PS-11 (Shikarpur-II).

The main point at issue is whether the Election Commission can denotify a candidate and make a new notification in favour of his rival by issuing a corrigendum.

Advocates Mohammed Akram Sheikh and Aitazaz Ahsan appeared for the petitioner and the respondent, Agha Tariq of the PPP, respectively. Advocate- General Raja Qureshi and Deputy Attorney-General Nadeem Azhar Siddiqui assisted the court. An EC official was present at the hearing.

The bench consisted of Justice Ghulam Rabbani and Justice Syed Ali Aslam Jaferi.

The AG formulated the following legal propositions for resolution of the controversy:

Whether a corrigendum notifying the name of Agha Tariq could have been issued when the notification of Imtiaz Sheikh as the returned candidate was holding the field and election tribunals had been constituted to decide election disputes?

Whether a corrigendum emanating from an election dispute could be issued without framing of issues and recording of evidence as part of a full-fledged trial?

Whether the scope and application of corrigendum is restricted to correction of errors making up of a deficiency in a document issued earlier, or it extends to cancellation of a previous document and reversal of a result altogether.

Whether the power of review could be exercised by the Election Commission in the absence of a specific statutory provision?

Advocate Ahsan submitted that Agha Tariq was the obvious winner according to the count as mentioned in Forms XVI and XVII by the returning officer. He submitted a statement of election expenses on Oct 19 as required by the law. However, runner-up Imtiaz Sheikh’s name was notified by sheer mistake on Oct 20. The EC merely rectified the error by issuing a corrigendum on Oct 28.

Advocate Akram Sheikh countered that a candidate should not be made to suffer for negligence on the part of the EC. Mr Sheikh had also submitted his election returns as required. The Commission had no power to unseat an MPA- elect after notifying his name. All electoral challenges were to be heard by election tribunals.

The EC, the counsel argued, became functus officio after notification of results.

He also alleged that RO Anand Ram was in league with the respondent and travelled to Islamabad at his expense. The EC upheld the charge of partisanship yet deemed it fit to denotify the petitioner without holding any inquiry.

He sought an interim order in favour of the petitioner, but the court assured him that a final order disposing of the petition would be made by Thursday.