KARACHI, Feb 26: Chief Justice Mohammad Afzal Soomro of the Sindh High Court has restrained the Election Commission from announcing the official election result of NA-202 (Shikarpur) till Feb 28 when a writ petition moved by the Pakistan People’s Party’s Aftab Shaban Mirani against the unofficially-elected National People’s Party candidate Dr Ebrahim Jatoi would come up for hearing before a division bench here.

The petition was placed before the CJ on Monday as the SHC office had raised an objection that the matter fell within the territorial jurisdiction of the court’s Sukkur bench where two judges were available to hear it.

Appearing for the petitioner, Sukkur-based lawyer Abdul Hameed Bhurguri submitted that the matter was urgent and identical petitions were being heard at the principal seat, in some of which interim order against official notification of results had been passed.

Overruling the objection in view of the pendency of identical pleas at the principal seat, the CJ assigned the petition to a division bench for hearing on Feb 28 and issued pre-admission notices to the respondents for that date. In the meantime, the EC was barred from announcing the official result.

The petitioner has alleged rigging in the Shikarpur national constituency and called for re-polling under the army supervision.

Meanwhile, a division bench comprising Justices Azizullah M. Memon and Arshad Noor Khan issued notices for Feb 28 in a petition moved by PPP’s Mir Hasan Khoso against the unofficially-announced election of PML-Q’s Dr Sohrab Sarki from PS-15 (Jacobabad). Advocates Abrar Hasan and Masroor Alvi claimed on behalf of the petitioner that he was initially declared elected but the results were altered subsequently.

Contesting the petition on behalf of Dr Sarki, Advocates Abdul Mujeeb Pirzada and Syed Ghulam Shah argued that the petition was not maintainable as the law and the Constitution have conferred exclusive jurisdiction on election tribunals to be constituted by the Election Commission to adjudicate electoral disputes after balloting. They opposed the grant of interim injunction against the successful candidate.

Issuing notices, the bench observed that any notification issued by the EC would be subject to the outcome of the petition.

An identical interim order was passed in PPP candidate Ghulam Qadir Malkani’s petition against the election of Mohammad Ali Malkani of the PML-Q from PS-87 (Thatta). Advocate Raja Qureshi appeared for the petitioner and Advocate Abdul Mujeeb Pirzada for the respondent candidate.

Issuing notices for Feb 27, the bench observed that any notification of official results issued by the EC would be subject to its decision on the petition.

The petition moved by Mirza Ikhtiar Beg of the PPP for re-polling in 23 out of 141 polling stations of NA-250 (Karachi), which has unofficially been bagged by Mrs Khushbakht Shujaat of the Muttahida Qaumi Movement was also adjourned to Feb 27.

The petitions submitted by PPP candidates Faisal Raza Abidi, Abdul Hakeem Baloch and Mohammad Rafiq Baloch against the election of MQM candidates from three Karachi constituencies were adjourned by the bench to a date in office when their counsel, Mohammad Nawaz Shaikh, stated that he would make an application to the chief justice for interim relief. He contended that a division bench was bound by the interlocutory orders of another division bench.

Our correspondent adds from Sukkur: The Sindh High Court, Sukkur bench, has asked the Election Commission not to issue election results of PS-30, Khairpur-2, and issued notices to PPP candidate Syed Bachal Shah, PML-F candidate Pir Syed Sadruddin Shah Rashidi, district returning officer, returning officer, Election Commission of Pakistan, additional advocate-general of Sindh and deputy attorney-general of Sindh High Court, Sukkur bench, to appear before the court on March 4.

Justice Dr Rana Mohammad Shamim and Justice Syed Pir Ali Shah issued the order on a constitutional petition filed by PPP candidate Syed Bachal Shah. In his petition, the PPP leader had accused Mr Rashdi of rigging in the constituency.

He told the court through his lawyer that on Feb 17 the entire polling staff and policemen of the constituency were got changed by the PML-F candidate and three people were killed and many others injured in the election day violence. He said that at Polling Station No 15, the number of registered voters was 1602 but 1628 votes had been cast. As a proof, he produced the election result sheet.

After hearing arguments, the court ordered the Election Commission not to issue a notification on the seat.