• PTI challenges results on 16 NA, 20 PA seats in Karachi
• SHC to resume hearing today

KARACHI: The Sindh High Court on Monday took up around 45 petitions, most filed by independent candidates of the Pakistan Tehreek-i-Insaf, against the provisional election results of various national and provincial assembly seats in the metropolis.

The lawyers for the petitioners asked the SHC to declare Form-47 (provisional results) void and sought directive for the Election Commission of Pakistan (ECP) and other respondents to rectify the same in accordance with Form-45 collected by their elections agents from polling stations.

However, respondents’ lawyers questioned the maintainability of such petitions and argued that an alternative remedy was available to them under the Election Act, 2017.

PTI-backed independent candidates approached the SHC challenging the provisional results on 16 NA and over 20 PA seats in the city.

Various candidates of the Jamaat-i-Islami and Pakistan Peoples Party have also petitioned the SHC challenging provisional results of several constituencies of Karachi and Hyderabad divisions.

The PTI candidates challenged the provisional results of NA-231, NA-234, NA-235, NA-237, NA-238, NA-239, NA-240, NA-241, NA-242, NA-244, NA-245, NA-247, NA-248 and NA-249.

Mohammad Asif Khan of the PPP moved SHC against the result of NA-235 and independent candidate Javed Ahmed Chhatari challenged results of NA-241.

The PTI-backed petitioners argued that that as per Form-45, obtained by their polling agents from presiding officers at all the polling stations of the constituencies in questions, they were leading with big margins, but the results were changed at the offices of the returning officers (ROs) and candidates of the Muttahida Qaumi Movement-Pakistan and PPP were shown winners in Form-47 (provisional results).

When a two-judge bench headed by Chief Justice Aqeel Ahmed Abbasi took up the 45 identical petitions for hearing on Monday, the lawyers for all petitioners have expressed common grievance about provisional results.

Representing the petitioners, Barrister Salahuddin Ahmed, Jibran Nasir, Umar Lakhani, Haider Waheed, Basil Nabi Malik and several other lawyers argued that the results reflected in Form-45 and duly attested by the presiding officers did not tally with the results announced by the ROs through Form-47.

They stated that while preparing provisional consolidated results, the petitioners or their representatives were not given a notice or called at the time of preparing Form-47 and there had been serious manipulation in the impugned results.

The lawyers maintained that no factual controversy was involved in such matters and the SHC had the jurisdiction to redress the grievance of the petitioners.

The federal and provincial law officers as well as lawyers for the respondents present during the proceedings, waived notices and asked for copies of the petitions. They also questioned the maintainability of such petitions on the ground that an alternative remedy was available under the electoral law.

Representing some respondents, Dr Farogh Naseem and Shaikh Jawed Mir referred to several provisions of the Election Act, 2017 as well as Article 225 of the Constitution and argued that the petitioners had a remedy to approach the ECP for redressal of their grievance and thus such petitions were misconceived and not maintainable.

They further submitted that similar controversy/grievance had been decided by the ECP on Feb 11 in the case of Syed Mohammad Ali Bokhari Vs RO of NA-48, which showed that the ECP had taken cognizance on a similar complaint.

When the bench confronted the lawyers for the petitioners about such objections, they submitted that the petitioners could satisfy the court about maintainability of the petitions.

“However, [they] submitted that the petitioners will be satisfied if the Election Commission of Pakistan may be directed to decide the complaints filed by the petitioners within 02 (two) days after hearing the petitioners or their representatives, so that the Form-45 and Form-47 may be scrutinised in the presence of petitioners,” the bench stated in the order.

However, ECP official Abdullah Hanjra sought copies of the petitions and requested for short adjournment to seek instructions in this regard. Deputy Attorney General Khaleeq Ahmed and some provincial law officers also made similar requests.

“Learned counsel appearing for the petitioners undertake to supply the copies as well as soft copies of instant petitions/complaints through email, as requested by representative of ECP present in court. The deputy director (law) present in court further submit that the petitioners can also approach deputy director/incharge complaint cell, ECP Karachi office at Saddar for such purpose to avoid delay in disposal of their complaints. Order accordingly,” the court order concluded.

The bench will take up the petitions again on Tuesday (today) at 11am.

Published in Dawn, February 13th, 2024