The Supreme Court on Thursday issued notice to Pashtun Tahaffuz Movement (PTM) leader and MNA Mohsin Dawar in an election petition filed against him by Mufti Misbahuddin. A three-judge bench, headed by Justice Sheikh Azmat Saeed, heard appeal against Election Tribunal verdict.
Dawar was declared returned candidate from NA-48 Tribal Areas IX Miran Shah in General Election 2018. Misbahudin of JUI-F secured 15,363 votes while Mohsin Dawar, obtained 16,526 votes.
Mufti Misbahuddin, one of the contesting candidates in NA-48 (Miran Shah, North Waziristan), an appeal through advocate Kamran Murtaza and made Election Commission of Pakistan (ECP), Returning Officer and other contesting candidates including Dawar as respondents.
He has prayed to the apex court to declare Mohsin Dawar's election from Miran Shah as void. The appeal alleged that supporters of PTM's activist Dawar threatened and forcibly barred women from casting their votes and later Dawar, in connivance with polling staff, managed to cast votes of females in his favour through deceitful manner.
The appeal also requested the top court to issue directions for recounting of votes in NA-48. It maintained that 161 polling stations were established in the constituency and the total votes registered in the said constituency are 2,74,205, including 1,96,568 males and 77,637 females.
"Local administration while conducting the election created a fearing atmosphere in the constituency, reasons best known to them, however, their ulterior motives and mala fide intentions, could not be ruled out as they were hell bent to declare respondent No.1 (Dawar) as returned candidate," the appeal stated.
The petitioner requested the top court to issue directions for recounting of votes in NA-48. "On the polling day, mass rigging was made at all female polling stations and booths, besides 25 polling stations for males, in favour of Mohsin Dawar," said the petition.
Misbahuddin in his appeal contended that counting of votes was made in absence of his polling agents rather most of them were not allowed even in the polling hours to perform their duties. He further contended that original results were changed and the appellant, who was winning by margin of more than 2000 votes, was declared as unsuccessful and Dawar, who had actually lost the election, was declared as the returned candidate for National Assembly seat.
According to the appeal, number of polled votes was 63,954 which included 57,600 male voters and 6,354 female voters while rejected votes were 611.
Misbahuddin informed he approached RO for recounting prior to consolidated statement of counts and requested to stop declaration of election results but RO paid no heed to it.
The appellant approached the ECP on July 30 for recounting and submitted another petition on August 3 for declaring Dawar's election to be void in view of female polled votes. The petition was entertained but dismissed on August 13 while the application for recounting was not considered at all, the appeal stated.
Misbahuddin told that he moved an election petition before Election Tribunal Peshawar High Court (PHC) but the same was rejected on November 26, 2018 for being not maintainable. He prayed the apex court to set aside Election Tribunal's order.
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