HYDERABAD, May 15: Deputy Attorney-General (DAG) Mohammad Ali Sheikh on Tuesday informed Hyderabad division bench of Sindh High Court in Waheeda Shah case that the Election Commission had assailed the bench’s order of April 24, staying the elections, in the Supreme Court, therefore, the matter might be adjourned.

The bench, comprising Justice Aqeel Ahmed Abbasi and Justice Mohammad Tasnim, adjourned the matter till May 24 after considering that petitioner’s counsel is also going to file objections over application of Amir Zardari who wants to become intervener in the matter. Naimatullah Soomro, counsel for Mir Mushtaq Talpur, Waheeda’s rival candidate in by-election in Tando Mphammad for a Sindh Assembly seat Khan, also sought time to argue the case.

Returning Officer of the PS-53 by elections Ali Asghar Siyal was also present in the court.

Hyder Imam Razvi, counsel for Waheeda Shah, contended that the EC had assailed high court’s order before the apex court but no stay had been granted. He said that the SHC could proceed with the case.

He said he was going to file rejoinder to comments filed by the DAG. Razvi also submitted a counter affidavit on the application filed by Amir Zardari.

Amir Zardari’s counsel Yusuf Leghari said he should be heard by the bench. “Please, hear my points. You have given them (parties) enough time; they will only prolong the matter,” insisted Leghari.

“Why are you getting so sensitive Mr Leghari. We can hear you because we have no problem to proceed with the matter and decide it, but other counsels have their own points too. One of them is seeking time to argue the case while petitioner’s counsel has to file counter affidavit,” replied Justice Abbasi.

The counsel said Justice Abbasi has also asked the DAG to seek instructions so that the court could proceed with the matter on May 24.

In her rejoinder, Waheeda Shah disputed para-wise comments submitted by the DAG. Her counsel stated in the counter affidavit that statements of presiding officer Ms Habiba and assistant presiding officer Ms Shagufta contradict contents of para-2(iv), 2(v) and 2(vi).

He denied that there had been disruption in polling and that there had been already a dispute and clash between voters and presiding officers, when petitioner had entered the polling station. No disruption in polling was resulted by the alleged act of the petitioner.

He said that form XVI was compiled and signed by the RO which was called an unofficial result and petitioner had nowhere stated that official result of polls was notified by the Election Commission.

“Electronic media didn’t telecast correct footage but it was a highly manoeuvred, manipulated and distorted footage,” the counsel said.

He said that with the signing of form-XVI, the election become a past and closed transaction and directive to hold inquiry (into the incident of Waheeda Shah slapping Ms Habiba and Ms Shagufta) under influence of media footage was unlawful.

After signing of form XVI, the RO became an officer whose mandate expired, the council said and added that power of first class magistrate was not available to the RO after polling was over and result was compiled by him.

He said that there was no allegation of corrupt practice against the petitioner and if grave illegality and injustice was done, appellate court could set aside impugned order in its provisional jurisdiction.

He said distorted footage did not amount to corrupt practice by any stretch of imagination. He said members of the EC committed illegality in relying on sections 100, 103 and 103AA of Representation of People Act 1976. There was absolutely no material before the EC members to convict his client, he said.

Waheda Shah has been stopped for two years from taking part in elections for slapping two polling staff members in the by-polls in Tando Mohammad Khan on Feb 25. While announcing its verdict on a complaint over the incident, the Election Commission also nullified the result of the by-polls.