ISLAMABAD, Oct 31: Almost four years after the 2008 general elections, Ghalib Khan of South Waziristan has again challenged the Election Commission's ruling that he had lost the contest in Wana tribal constituency to his rival Maulana Abdul Malik.

A division bench of the Islamabad High Court (IHC), comprising Chief Justice Iqbal Hameedur Rehman and Justice Riaz Ahmed Khan took up his petition on Monday, called for the full order of the Election Commission that dismissed his claim last month.

Pleaded by counsel Ikram Chaudhry, the petition alleged that the orders of Election Commission were against the constitutional and legal provisions and requested the court to pass a judgment in the petitioner's favour by directing the Election Commission to declare Ghalib Khan as the returned candidate.

It is a long battle that Mr Khan has been fighting since he was declared winning candidate of NA-41, Tribal Area VI but the victory was nullified later over a controversy.

His latest petition cites Election Commission, MNA Maulana Abdul Malik Wazir, the eventual official winner, and political agent of South Waziristan Agency as respondents.

Counsel Ikram Chaudhry told the court that following the General Elections due to hand written results sheets of two polling stations of the said constituency, Malik Wazir went in litigation against the results. After a lengthy process, his client on August 8, 2008 was declared a returned candidate by Election Commission.

But Ghalib Khan could not take oath as MNA as the National Assembly was not in session. Meanwhile, the IHC, on the petition of Malik Wazir, on August 11, 2008, restrained him to take oath.

A division bench of the defunct IHC on September 29, 2008 reversed the results and declared Maulana Abdul Malik Wazir the successful candidate.

After the orders of the then division bench of IHC, Election Commission on October 8, 2008 de-notified the petitioner as MNA but the same orders were challenged in the Supreme Court, the counsel told the court.

The apex court sent the matter to Election Commission with the direction to decide it within three months, he added.

The commission was incomplete at that time as there were no member except the Chief Election Commissioner (CEC), because of the judicial crisis in the country in those days. As this situation persisted, Ghalib Khan again approached the Supreme Court.

During the pendency of the matter, Election Commission was constituted and the matter was again remanded to it.

The commission heard the matter on September 24 and after hearing both parties dismissed the petitioner's case on the same date, Ikram Chaudhry said. — A Reporter