MUZAFFARABAD, Dec 24: An election tribunal on Tuesday unseated an AJK Legislative Assembly member belonging to the People’s Party after declaring his election from a refugees’ constituency in Punjab void.
Chaudhry Mohammad Ismail, who had contested election from LA 30, Jammu-II, as the Muslim Conference’s candidate, had challenged the success of his rival from the PPAJK, Chaudhry Maqbool, on the grounds that the returning officer, district and sessions judge, Gujranwala, had declared him successful on July 9, 2001, on the basis of official counting of votes. However, the AJK Chief Election Commissioner did not notify his success due to mala fide intention and issued a notification on the following day for fresh polling on polling station No65 of the constituency on July 14, he alleged.
The notification was issued and the repolling was held in his absence, following which the notification of the respondent’s success was issued, which had got no legal sanction, he prayed.
The petitioner’s counsel, Syed Mujahid Hussain Naqvi, maintained that the election commissioner did not have any power to withhold the name of his client from the list of the successful candidates, particularly when he had received the official results by the returning officer.
Neither the CEC had any authority to order repolling after receiving the results, the counsel contended.
The petitioner’s counsel prayed that since the July 10 notification issued by the CEC regarding the repolling and the ensuing actions were invalid and illegal, those be nullified and his client be declared successful.
Counsels for the respondent, Chaudhry Mohammad Ibrahim Zia and Khwaja Attaullah Chak, opposed his contentions and maintained that those were not in line with the scheme of the AJK Legislative Assembly Elections Ordinance, 1970.
They said the CEC had the jurisdiction to take all necessary steps regarding repolling. All the actions of the CEC and the election machinery were valid and lawful and did not warrant indulgence of the election tribunal, they maintained and requested dismissal of the petition.
The election tribunal, comprising senior district and sessions judge, Syed Nisar Hussain Shah, held that the CEC, under sections 24 and 24-A of the election ordinance, could only order repolling on a polling station when the results were not officially consolidated by the returning officer.
As the order was issued after the announcement of the official results, it had no legal validity and hence was without jurisdiction, the judge held.
Accepting the petition, he set aside the notification of July 10, the repolling and the notification of success of Chaudhry Maqbool.
He declared the petitioner to be the MLA-elect as per the consolidated results announced by the returning officer on July 9.