The Islamabad High Court (IHC) here on Thursday directed the Election Commission of Pakistan (ECP) to decide the writ over re-election results of NA-28 Buner-1 within four months. A division bench comprising Justice Mohammad Munir Peracha and Justice Syed Qalb-e-Hassan heard the plea filed by Bakht Jehan Khan, a former speaker of NWFP Assembly.
The bench disposed of the writ after counsel Shaukat Aziz Siddique requested that they wanted to withdraw their petition if a direction was given to the ECP. He said the Election Tribunal, Peshawar should be directed to hear the plea and decide it within stipulated time. Earlier, counsels of both parties argued over the jurisdiction of High Court to deal with an election matter.
On February 16, the same bench had directed the Chief Election Commissioner to decide the plea of petitioner within one week and withhold a notification about the returned candidate till the disposal of the case. Subsequently, the Chief Election Commissioner on February 18 recalled its notification of February 14, 2009, in which Istiqbal Khan s/o Abdul Matin Khan, resident of Bajkata, District Buner, was declared a returned candidate to the National Assembly as a result of by-election from constituency.
Bakht Jehan Khan, a candidate of Jammiat-e-Islami (JI), in his plea, had claimed that he led the votes in general elections on 256 polling stations of the constituency with a margin of 1, 664 votes. But the voting at eleven polling stations of Shell Banday area was suspended due to a bomb blast incident.
He said on February 10, 2009 re-election was held on these polling stations but the voters boycotted seven polling stations. However, the petitioner led the vote counts over his opponent Istaqbal Khan of Awami National Party. The total votes polled in favour of Bakht Jehan Khan swelled to 1,702, he added. He alleged that the Returning officer in connivance with ANP backed candidate and police officials prepared fake result sheets. He claimed that they had the attested and authentic result sheets of the re-polling.