KARACHI - The Sindh High Court (SHC) on Friday disposed of identical petitions filed by the candidates belonging to the different parties seeking to recount the votes of different constituencies in Karachi.

The court also allowed Election Commission to issue notifications of the returned candidates.   

A division bench headed by Justice Muhammad Ali Mazhar conducted hearing on identical petitions filed by Pakistan Muslim League President Shehbaz Sharif and other candidates of the different parties sought recount of votes.

Earlier, the bench had restrained the Election Commission of Pakistan (ECP) from issuing notifications of the candidates who won the 25th July elections from different constituencies in Karachi.

On Friday’s hearing, Advocate Khawaja Naveed Ahmed appeared on behalf of Pakistan Tehreek-i-Insaf (PTI) winning candidate Faisal Vawda and requested the bench to nullify its earlier order pertaining to restrain ECP to issue notification to the returned candidates and allowed EC to issue their notifications, the bench also directed the petitioners to move to the Election Tribunal (ET).

The SHC has also directed the ET to proceed the applications on merit and dispose of the matters within one month.

“Does the SHC have the power to issue order to recount the votes” as the matter is under-process in the Supreme Court” the bench inquired to the election commission, the representative of the ECP, has replied that the election tribunal is going to be formed to process the matter related to the election.  The court expressed its annoyed for delaying to establish the election tribunal, the EC representative has assured the court that the tribunal will be formed very soon as some legal matters are being finalized. 

Pakistan Muslim League-Nawaz president Shehbaz Sharif filed the petition sought for recounting of votes of the NA-249 and also pleaded to restrain the EC to issue notification of the PTI’s Faisal Vawda as the successful candidate.

Mr Sharif had contested election from NA-249 and secured 34,626 votes whereas Mr Vawda of the PTI got 35,349 votes.

In his arguments, the petitioner’s counsel has stated that there was only a difference of 723 votes between the two candidates while 2,684 votes were rejected in the constituency.

Earlier, an application for recounting was moved before the RO concerned, but it was dismissed through an order dated July 27.

The plaintiff’s counsel Advocate Javid Mir contended that due to a close margin and keeping in view the rejected votes, it was the responsibility of the RO to carry out the exercise for recounting.

He argued that an application was also filed before the ECP for recounting, but the director protocol of the ECP communicated to the petitioner on Aug 1 that the process of consolidation had been completed and therefore he may approach the appropriate forum through an election petition.

He submitted that the polling agents of the petitioners were not allowed to enter the polling stations and when they were allowed the ballot boxes were already sealed.

Similarly, the petition was filed by Pakistan People Party candidate Abdul Hakeem Baloch requested to recount votes in NA-237. He submitted that he had contested the election and obtained 31,907 votes whereas Jamil Ahmed Khan of the PTI reportedly secured 33,289 votes. The margin of victory was a mere 1,300 votes.

He submitted that an application was filed with the RO for a recount, but it was turned down. He also approached the ECP with a similar request, but the ECP verbally rejected it. Another identical plea was filed by Haji Sualaheen of the PML-N pleaded to recount on a provincial assembly seat (PS116) and barred the ECP from notifying the final result.

Petitioner Mr Sualaheen submitted that he secured 9,711 votes while Malik Shahzad Awan of the PTI obtained 9,966 votes. He maintained that there was very narrow margin of victory and pleaded for recount.

He also pleaded the court to disqualify Malik Awan, he added that the PTI candidate has been proclaimed absconder by a local court in Karachi in 2014 in a fraud case. The applicant submitted that Mr Awan was booked for issuing a bogus cheque of Rs 10, million.

He stated that a person having criminal background is not eligible to contest election and to hold any public office. The petitioner pleaded the court to disqualify him for holding public office.

In his arguments, the petitioner’s lawyer has claimed that Malik Shehzad Awan had contested election in 2013 in another fake name.  

The PTI candidate won the election after a close competition of only 255 votes. He has unofficially been declared elected with 9,966 votes. PTI candidate got 9,711 votes.