KARACHI, Nov 28: The Sindh High Court on Wednesday directed the secretary of the Election Commission of Pakistan to proceed with the complaint of an independent candidate for by-elections on a provincial assembly constituency (PS-21, Naushahro Feroze) against Faryal Talpur, president of the PPP women wing, provincial minister Abdul Haque Bhurt and others for interfering in the conduct and holding of the election campaign.

A division bench headed by Justice Mushir Alam was seized with the hearing of the petition of Syed Zohaib Ali Shah, who alleged that the PPP’s Faryal Talpur and other party leaders and office-bearers were involved in pre-poll rigging.

The petitioner, represented by Advocates Haq Nawaz Talpur and Jawad Dero, impleaded Ms Talpur, her coordinator Ziaul Hassan Lanjar, Sindh Anti-Corruption Minister Bhurt, PPP candidate Syed Sarfraz Hussain Shah, the chief election commissioner, the provincial election commissioner, the chief secretary, the provincial police chief, the DIG of Sukkur, the SSP of Naushahro Feroze and the district returning officer (DRO) of PS-21 as respondents.

On Wednesday, the petitioner’s counsel submitted that the DIG of Sukkur, the SSP of Naushahro Feroze and the DRO of the constituency were interfering in the petitioner’s election campaign to influence the voters.

Advocate Akhtar Hussain, appearing for Ms Talpur, submitted that the court on Nov 22 had restrained his client, her coordinator and provincial anti-corruption minister from interfering in the conduct and holding of the election campaign or political activities of the petitioner.

However, he stated that the court’s directions were being exploited to imply as if the respondent PPP leaders were restrained from entering the constituency for any other purposes.

The petitioner’s counsel disputed Advocate Hussain’s contention and submitted that no such impression was given by the petitioner or from any other quarter.

The bench observed that the respondent political figures were only restrained from interfering into the election campaign “and/or activities of the petitioner and not otherwise from any other lawful activity, as may be permissible under the law”.

Advocate Talpur also questioned the inaction on the part of the Election Commission in exercise of powers against ministers, advisers and/or any other person on behalf of the federal and provincial government, including the respondents.

Deputy Attorney General Ashique Raza, appearing for the Election Commission along with ECP law officer Abdullah Hanjrah, stated that the ECP secretary, who was in the city, received a copy of the petition and may hear the complaint of the petitioner on Thursday.

However, the ECP law officer stated that the ECP secretary was in the city to appear in the apex court and he was not sure whether or not the secretary would be available on Thursday.

The bench ordered: “Whatever the case may be, let the petitioner appear before the Secretary Election Commission at Karachi.

In case the Secretary for any reason is not available he shall fix date and time for proceeding with the complaint dated 06.11.2012, Annexure G page 79 of the petition, and pass such orders, as may be appropriate in accordance with law.”

The bench ordered that the ad interim orders passed earlier to continue till the next date and adjourned the matter to Nov 30.

The same bench on Nov 22 had restrained the respondents from meddling into the by-election directing them not to interfere in political activities of the petitioner.

The independent candidate submitted in the petition that the respondents were bent upon rigging the by-election at the behest of the respondent MNA and her coordinator by misusing government machinery that included the police and the federal, provincial and district administrations.

He stated that the respondents were using rigging measures such as appointing and posting government officials of their choice, who would rig the election by pressurising and harassing his supporters in violation of law and ECP directives.

The petitioner pointed out that such transfers and postings were expressly and unambiguously prohibited by the ECP under its notification issued on Oct 5.

The petitioner stated that the by-election was going to be a test case for the PPP for its performance and governance, in particular after the promulgation of the Sindh People’s Local Government Act 2012 as to its popularity or otherwise, which was an unpopular and bad law in the eyes of residents and voters of PS-21 and province of Sindh.

As a result of which, he said, the ruling party foresaw and anticipated defeat in the said by-election, hence, the entire government machinery was being fully exploited by the federal and provincial governments in favour of the PPP candidate to win the seat by hook or by crook and using unlawful and illegal methods in gross violation of the ECP directives.