ISLAMABAD, April 30: The Supreme Court on Wednesday allowed the Election Commission of Pakistan to conduct re-polling in 18 polling stations of the NA-202, Shikarpur-I constituency, after accepting the plea of former chief minister of Sindh and PPP stalwart Aftab Shaban Mirani against Mohammad Ibrahim Jatoi of the National People’s Party (NPP).
A five-member bench comprising Justice Mohammad Nawaz Abbasi, Justice Zia Perwez, Justice Mian Hamid Farooq, Justice Syed Zawar Hussain Jaffery and Justice Mohammad Farrukh Mahmud had taken up identical election petitions of Mr Mirani and Lt-Gen (retd) Salahuddin Tirmizi.
The bench set aside the March 28 order of the Sindh High Court which had annulled the commission’s order for re-polling and ordered the commission to declare Mr Ibrahim as the winning candidate.
On the request of Mr Mirani, the Election Commission on March 3 had ordered re-polling in 18 polling stations on the grounds that presiding officers were not present during polling. Mr Ibrahim Jatoi challenged the decision before the SHC which cancelled the order of the commission.
In his petition, Mr Mirani pleaded that the SHC had misread the scope of Section 103-AA of the Representation of Peoples Act 1976 since the Election Commission, which enjoyed the authority to declare the entire election as void, also had the power to order partial re-poll at polling stations where grave irregularities were conspicuously ascertainable.
The alleged fraudulent manipulations, the petitioner said, overturned his victory in 171 polling stations where he was leading by 16,946 votes, through bogus voting at 18 polling stations and stuffing of 24,002 votes.
Dismissing the petition of Lt-Gen (retd) Tirmizi, the apex court directed the Election Commission to consider the grievance raised by voters both male and female, of the Kaghan area that they could not caste their votes in certain polling stations due to a landslide and road blockade.
The Election Commission is required to settle the dispute in accordance with law after providing proper opportunity of hearing to the parties.
The court had taken up the election appeal of Mohammad Salahuddin Tirmazi against the order of the commission on re-polling on two polling stations for the NA-20, Mansehra-I constituency, and notifying Sardar Shahjehan Yousaf, a PML-Q candidate as successful candidate.
Lt-Gen (retd) Salahuddin Tirmazi, a candidate of PML-N won the election according to the result announced by the Returning Officer on February 22 after completing a process of re-counting of votes at some polling stations.
Sardar Shahjehan Yousaf filed an application which was dismissed by the Election Commission. He then filed a petition in the Islamabad High Court, which sent the case back to commission which accepted the plea of the petitioner and allowed re-polling.
Mr Tirmizi challenged the decision of the commission before the Abbottabad Bench of the Peshawar High Court but his petition was dismissed.
He moved the Supreme Court seeking a stay order against the issuance of result notification after the re-polling at two polling stations of the constituency.
But the apex court vacated the stay and allowed the commission to notify Shahjehan Yousaf as the winning candidate.