HYDERABAD, Oct 3: A division bench of the Sindh High Court, Hyderabad circuit, on Wednesday restrained the election tribunal and the district sessions judge of Naushahro Feroze from passing any final order on an election petition filed against Nawabshah district Zila Nazim Faryal Talpur.

The bench, consisting of Justice Ghulam Rabbani and Justice Mohammad Musa K. Leghari, heard the arguments of Farook H. Naek, counsel of Ms Talpur.

The petition was filed on Sept 25, issuing notices to the election commission of Pakistan, the election commission of Sindh, the election tribunals headed by district and sessions judges of Sanghar and Naushahro Feroze and two other respondents. Nawabshah Zila council Naib Nazim Khalid Hussain Channa was a co-petitioner.

The petitioners stated that their rivals had lost elections and had then filed the petition in the election tribunal of Sanghar. The tribunal, headed by the Sanghar sessions judge, had raised objections to the maintainability of the election petition, they added.

They stated that it appeared that the rival, Khan Mohammad Dahri, instead of satisfying the election tribunal on the objection raised with an intention to avoid the order, which might be passed by election tribunal, had filed an application in the election commission of Pakistan.

They said the election commission, without calling for comments from the election tribunal and without issuing notices to her and her Naib Nazim, had passed a one-sided order whereby the election petition had been ordered to be transferred from the Sanghar election tribunal to the election tribunal of Naushahro Feroze.

Their counsel said the impugned order of the election commission was illegal, inequitable and of no legal effect.

They contended that their clients were entitled to a notice and an opportunity of being heard before the passing of the order, and added that in fact they had been condemned unheard and had been deprived of their fundamental rights.

They submitted that the order was without any jurisdiction and had been passed in violation of the principles of natural justice.

The counsel said they had been unsuccessful in securing the copy of the application, filed by respondents and the order passed by the election commission, and prayed to the court to allow them to amend the petition in that regard as well.

They requested the court to set aside the order of the election commission and declare it illegal. They also prayed to the court to restrain the respondents from taking any steps to act upon the impugned order.