PESHAWAR, June 10: The Peshawar High Court here on Monday reserved its judgement in a petition challenging the powers of the Chief Election Commissioner of Pakistan to hear election disputes.
The petition was heard by Justice Ijazul Hassan as referee judge. In December last year a two-member bench had heard the case and given a split verdict following which the case was referred to the present court in January this year.
The case, involving two influential political families of Peshawar — Usman Alam Jhagra and Arbab Aamir — has been pending before the high court since the fourth phase of local government elections held on July 2.
The petition was filed by Arbab Aamir, brother of a former ANP MNA Arbab Zahir, challenging the order of the Chief Election Commissioner declaring Usman Jhagra, nephew of PML secretary-general Iqbal Zafar Jhagra, Nazim of Union Council, Mera Kachori.
Advocate Qazi Muhammad Anwer represented the petitioner while Lateef Afridi appeared for respondent Usman Alam.
The petitioner claimed that initially the returning officer declared Mr Jhagra winner in the election with a margin of nine votes. However, he added, on an application filed by the petitioner a recounting of votes took place in which Mr Aamir was declared successful by excluding nearly 300 votes of a polling station which did not carry signatures of the presiding officer.
He stated that the respondent, Mr Jhagra, approached the Chief Election Commissioner who, on July 17, set aside the order of returning officer and again declared Mr Jhagra as Nazim of Union Council, Mera Kachori.
Mr Anwer contended that under Section 71 of the NWFP Local Government Election Rules an election dispute could only be challenged in an election petition before an election tribunal and the CEC was not empowered to entertain an election dispute once the results were consolidated by the district returning officer.
About the powers of the CEC, respondent Usman Jhagra stated that the CEC enjoyed enormous powers under the election law. He relied on Order 8 of 2000 issued by the Chief Executive through which powers of conducting local bodies elections were delegated to the CEC, stating that under the said order the CEC enjoyed all powers which he enjoyed under other laws.