PESHAWAR, Sept 23: The Peshawar High Court, on preliminary hearing of two identical petitions on Friday, stayed re-polling in two union councils of Nowshera district. A bench comprising Justice Qaim Jan Khan and Justice Ejaz Afzal Khan admitted to regular hearing writ petitions filed by Mian Raheem Shah and Muhammad Ismael, nazims-elect of union council Ziarat Kakasahib and Jehangira-2 respectively, observing that the points raised by the petitioners needed consideration.

The district returning officer concerned had ordered re-polling at three polling station of the Ziarat union council while the chief election commissioner had ordered re-polling at two polling stations of the Jehangira-2 union council. Re-polling in these union councils was scheduled for Sep 26. The court suspended operation of both impugned orders till next hearing of the petitions.

Earlier advocate Qazi Muhammad Jamil, appearing for petitioner Mian Raheem Shah, pleaded that the chief election commissioner had ordered the DRO to decide an application sent to him by a losing candidate Jamsheduddin. In the application he had complained that women were barred from casting votes. The lawyer argued that women had fully participated in the electoral process and also cast votes at the said two polling stations.

The counsel referred to Rule 25 of the NWFP Local Government Elections Rules 2005 and pleaded that a presiding officer had powers to stop polling at any polling station falling within his purview and inform the returning officer concerned if, at any time, polling was interrupted/obstructed or a ballot box was unlawfully taken out of his custody or was accidentally or intentionally destroyed or lost.

He argued that none of these things had happened in the union council where polling had concluded peacefully. He contended that the DRO had overstepped his jurisdiction because once names of the returned candidates are notified, an aggrieved party can seek remedy only from an election tribunal constituted after the polls.

Barrister Masood Kausar, appearing on behalf of petitioner Muhammad Ismael, stated that in UC Jehangira-2, no woman voter was stopped from casting vote. He said that the presiding officer had waited till the closing hour but no female had turned up to cast vote on the polling day.

The counsel contended that the situation in the UC Jehangira-2 was different from that in other union councils where women had not cast votes. In those UCs, he submitted, the candidates had entered into agreements to prevent women voters whereas no such agreement was signed in the UC Jehangira-2.

Mr Kausar stated that the losing candidates approached the chief election commissioner who, instead of verifying factual position, ordered re-polling. He also adopted the argument that after notification of election tribunals by the election commission, disputes could only be challenged before such tribunals and the election commissioner had no power to order re-polling.

SWABI RECOUNTING: The same bench suspended an order of the Swabi DRO and stayed re-counting in union council Babini of Swabi district.

The stay order was passed on a writ petition filed by nazim-elect Haneef Gul who had taken plea that after notification of the names of elected candidates re-counting could not be ordered by election commission or DRO.

Advocate Qazi Muhammad Jamil appeared for the petitioner and argued that it was an election dispute and could only be challenged before an election tribunal.