HYDERABAD: The Election Commission of Pakistan (ECP) has set aside July 11 order of returning officer declaring Pakistan Tehreek-i-Insaf candidate, Sohail Ahmed Jahejo, winner on Paretabad town chairman’s seat in local government election on the basis of drawing of lots after the two candidates’ votes remained equal.

A full bench of ECP headed by its chairman Sikandar Sultan Raja had issued the order on Aug 15 on a petition filed by Adnan Rasheed, who was also associated with PTI and lost to Jahejo, on the basis of lots after both the candidates obtained even number of votes in July 11 polls. Both secured 14 votes each.

The bench directed the RO to decide the issue of equality of votes in the light of Section 97 read with Section 229(1) of Elections Act, 2017, in the presence of all contesting candidates, district returning officer and district election commissioner.

The RO had declared Jahejo as returned candidate by drawing lots in pursuance of Rule 41 of Sindh Local Council (Election) Rules, 2015, in the presence of candidates.

Rasheed raised questions over the RO’s decision before the ECP and his counsel Shahzeb Shah argued that section 53 of Sindh Local Government (Amendment) Act, 2019, provided that in case of equal votes of two contestants Election Tribunal shall declare both candidates as returned candidates and each of them shall be entitled to represent his constituency in the council for half of its term of office.

Under Section 53(2) of Act, the tribunal shall draw lots under sub-section (1) to determine as to who shall serve as member of the council for the first half of its term of office.

Jahejo’s counsel stated that under Section 53 of the Act, 2019, when a candidate had been declared as returned candidate and notified in the official gazette then aggrieved party might file a petition before the tribunal which after full trial of the case would decide the matter.

He argued that Rule 41(1) of Sindh Local Councils (Election) Rules, 2015, empowered the RO to conduct a draw to decide the matter of equality of votes between contesting candidates.

The ECP said in its order that Section 97 of Elections Act, 2017, dealt with the issue of equality of votes and it referred to Section 229(1) of the said Act in the matter. Section 53 of Sindh Local Government Act, 2013, was amended vide Sindh Local Government (Amendment) Act, 2019, under which ‘in case of equality of votes, tribunal shall declare both contesting candidates as returned candidates and each one of them shall be entitled to represent constituency in council for half of its term of office while under its sub-section 2 the tribunal shall draw a lot to determine as to “who shall serve as member of council for first half of its term of office”.

In view of the contradiction in Sindh Local Government provisions, Section 97 read with Section 229(1) of Elections Act, 2019, should apply to decide instant matter of equality of votes between the two contestants.

Jahejo contested town’s chairman elections in the wake of amendment in section 18-A of Sindh Local Government Act, 2013, which enabled any unelected person to contest polls and then he or she had to be elected as a member of the respective council within six months to continue holding office.

Later, a group within PTI backed Rasheed, who also mustered support from Pakistan Peoples Party, which had won four out of 11 seats in Paretabad.

Rasheed contested election for the town’s chairman as independent candidate and was elected chairman of UC-51. He also took advantage of the amendment made in LG law on May 11 by Sindh Assembly to contest as independent candidate for the town’s chairmanship.

Published in Dawn, August 17th, 2023