HYDERABAD: The Election Tribunal (ET) headed by Justice Amjad Ali Sahito of Sindh High Court’s Hyderabad circuit bench on Monday suspended Muttahida Qaumi Movement-Pakistan MPA Mohammad Rashid Khan’s membership of the Sindh Assembly.

He was declared elected on PS-64, Hyderabad-V, constituency in the February 8, 2024 general elections but the result of his seat was challenged by his Pakistan Peoples Party (PPP) rival Mukhtiar Ahmed alias Ajiz Dhamrah through Advocate Hameedullah Dahiri.

In its order, the tribunal said that the election petition was filed on April 19, 2024 and notice was issued against respondents and publication of the notice in two widely-circulated leading newspapers was ordered. In compliance of the order, the petitioner’s counsel submitted a statement in the tribunal on Aug 10 to confirm that the notice was published.

The tribunal noted that despite this, the respondent, (No. 38), Mohammad Rashid Khan, failed to attend the proceedings. The notice was also consequently repeated for October 21 but the MPA again failed to appear and no intimation was received as well, the tribunal said.

It further observed that the notice was then issued to the respondent MPA through the Sindh Assembly speaker calling for respondent’s personal appearance, and warning that his failure to appear before the tribunal on November 18 would result in appropriate legal action. However, the respondent MPA remained absent without intimation.

“As a result, it will be proper to suspend membership of Mohammad Rashid Khan, returned candidate. Consequently, membership / impugned notification to extent of respondent no.38 is suspended,” the tribunal’s order said.

The tribunal fixed the matter for December 9 with directives to court office to send the order to the Sindh PA speaker and Election Commission of Pakistan.

Earlier, the petitioner’s counsel had filed an application under Section 146 of the Election Act, 2017 and the Order 39 Rules 1 and 2 of the Civil Procedure Code (CPC) seeking suspension of the notification of respondent in respect of his assembly membership. His counsel submitted in the tribunal that the respondent MPA’s absence without response or intimation warranted appropriate legal action. He urged the tribunal to suspend the MPA’s election for intentionally and deliberately avoiding to appear before the tribunal.

The petitioner’s counsel also urged the tribunal to order preparation of Form-47 afresh as per Form-45 following all legal requirements as enunciated in the Elections Act and Elections Rules, 2017 and allow election agents of petitioner to participate in consolidation of ballots in accordance with the relevant rules.

The counsel prayed that his client [Ajiz Dhamrah] should be declared returned candidate from PS-64 Hyderabad-V on the basis of the Form 45 issued by presiding officers to his agents.

Published in Dawn, November 19th, 2024