ISLAMABAD, Sept 7: The Supreme Court on Tuesday adjourned for Sept 23, the petition of Muttahida Majlis-i-Amal (MMA), pleading the court to hold fresh elections in Karachi for the two National Assembly seats.
The MMA had challenged the declaration of the Muttahida Qaumi Movement (MQM) backed candidates as successful members from Karachi during the May 12, 2004, by-elections. A three-member SC bench comprising Justice Hamid Ali Mirza, Justice Shakirullah Jan and Justice Tassadduq Hussain Jillani adjourned the hearing for Sept 23 on the request of Deputy Attorney-General Anwar Mansoor.
Mohammad Ikram Chaudhry advocate is pleading the case of two MMA candidates, Rashid Naseem and Qari Muhammad Usman, who contested the May 12, 2004, by-elections in Karachi from NA-246 and NA-240, respectively.
The petitioners have named 29 different parties as respondents in the petition including Election Commission of Pakistan, the government of Sindh, returning officers and all the contestants.
The petitioners have challenged the decision of the Sindh High Court, which had directed the Election Commission to declare MQM candidates as candidates returned. The unofficial results of the by-election had held MQM candidates, Nisar Ahmed Phanwar and Mohammad Abid Ali Umang, as successful from the two seats from Karachi while MMA candidates remained runner-ups.
The Election Commission however suspended the official announcement of the results on the reports of violence and massive irregularities during the elections in which eight persons were killed during election-related incidents.
An inquiry was also initiated by the commission into the charges levelled against each other by the contesting candidates and their respective political parties. The MMA and the People's Party Parliamentarians (PPP) boycotted the inquiry.
Meanwhile the EC on June 9 declared void the election on the two seats confirming that polling process was vitiated by grave illegalities and violation of law. Fresh elections date in the two constituencies were also announced by the commission on August 9.
However the MQM candidates challenged the decision of the Election Commission of announcing new election before the Sindh High Court challenging the jurisdiction of the EC to suspend or declare void the conducted elections.
The high court however on July 23 decided in favour of the MQM candidates by reversing the decision of the commission and declaring the MQM candidates as successful. As per direction of the high court, the commission rescinded its earlier order the very same day and notified the success of the MQM candidates who also took oath of their offices in the National Assembly. Being aggrieved, the MMA candidates approached the Supreme Court against the orders of the high court.