KARACHI, Sept 26: The Sindh High Court on Wednesday suspended the operation of its judgment that set aside the disqualification of Pakistan People’s Party (PPP) candidate Waheeda Shah by the election commission but ordered holding of a fresh byelection in the provincial assembly constituency of PS-53 Tando Mohammad Khan.
The order came on an application of the PPP candidate who prayed to the court for suspension of its order in the case as she wanted to avail herself of the remedy by way of filing an appeal in the Supreme Court.
A division bench headed by Chief Justice Mushir Alam suspended the operation of the judgment for 15 days “to enable the petitioner to avail remedy before the appropriate forum”.
While dismissing the petition of Ms Shah against her conviction for maltreating and slapping the polling station staff, the SHC had on Sept 19 ordered the holding of a fresh by-election in the constituency PS-53.
However, the court had set aside the decision of the Election Commission of Pakistan regarding the PPP candidate’s disqualification for two years.
The SHC heard the case following the direction of the Supreme Court for a decision on Waheeda Shah’s petition who challenged her disqualification by the Election Commission for the provincial assembly constituency PS-53 Tando Mohammad Khan for beating polling staff during the by-polls.
The ECP had declared the by-polls void and disqualified Ms Shah for slapping a presiding officer, Habiba Memon, and other polling staff during the by-election on Feb 25.
Ms Shah challenged her disqualification by the ECP from contesting the poll contending that the impugned order was unjust.
Petitioner counsel Haider Imam Rizvi submitted that a sessions court in Hyderabad had set aside the presiding officer’s order against her and the imposition of a fine on the basis of which the petitioner was disqualified by the ECP was not in field therefore the ECP order be set aside also. The ECP had also challenged the sessions court order in the SHC.
The high court, which heard the arguments of the counsel for the petitioner and the ECP, observed that ECP decision for disqualification of Ms Shah was not in accordance with the law and set aside the order of her disqualification. However, the court ruled that fresh by-election be conducted in the constituency. The court also set aside the sessions court order that acquitted her of beating charges and upheld the presiding officer’s order that imposed Rs1,000 fine on her for beating the polling staff. The court also declared registration of an FIR against Ms Shah illegal, observing that one person could not be prosecuted twice for the same offence.
Her counsel filed an application before the Sindh High Court seeking suspension of the high court’s order as the petitioner wanted to file an appeal before the Supreme Court.
CNG association case
The same bench put the federal law officer on notice on a petition against the vires of Gas Infrastructure Development Cess Act.
The petition was filed by the All Pakistan CNG association that impleaded the federal law, finance and petroleum secretaries, Oil and Gas Regulatory Authority, Sui Northern Gas Company Ltd and Sui Southern Gas Company Ltd as respondents.
The petitioner association submitted that imposition of cess on CNG dealers was against the constitution, because it was passed without the Council of Common Interest approval that was mandatory.
It submitted that levy was being imposed on gas pipeline infrastructure projects that were not even finalised yet.
The petitioner association prayed to the court to restrain the government from implementation on the levy till decision of the petition and suspend the relevant notifications with regard to increase in taxes on CNG business.