Sindh High Court on Friday ordered Election Commission of Pakistan (ECP) to issue the victory notifications of Faisal Vawda and Jameel Ahmed, elected from NA-249 and NA-237 respectively, after it withdrew its earlier decisions of withholding their notifications by disposing of the petitions against them for recounting of votes.
SHC bench headed by Justice Mohammad Ali Mazhar directed the petitioners to approach the election tribunals for recounting of votes and ordered that tribunals should decide the matter within two weeks.
Bench also directed the election tribunals to take up the issue of recounting in these two constituencies and decide about on the merit. Earlier the same bench withheld the victory notifications of Faisal Vawda and Jameel Ahmed in response of petitions filed against them by runner-ups for recounting of votes because of thin margin of victory.
The counsels for Faisal Vawda and Jameel Ahmed prayed the court to withdraw its orders for withholding victory notifications because the voting for the leader of the house in National Assembly is drawing near.
In its observation, bench asked the petitioners to satisfy the court that it can issue orders for recounting of votes. ECP's representative submitted in the court that election tribunals are being constituted to look into the matters of recounting and other issues related to general elections, held on July 25.
"Why election tribunals have not been constituted if all the election related petitions would be heard by them", bench inquired, later ECP told the court that election tribunals have been tasked to hear all the election related petitions. "ECP is seized with the work to establish the election tribunals at their earliest."
Quoting the Saad Rafiq's case for recounting of votes in NA-131, court observed that apex court gave its verdict on the recounting of votes and remarked, "How this bench can give any verdict on it when the precedent has been set by Supreme Court".
The petitioners' counsel Hafeezuddin Advocate contended that courts decisions in the cases of Imran Khan and Khawja Asif are different. ECP stated in the court apex court directed for referring the election related petitions to election tribunals.
The bench also referred the winner Malik Shahzad Awan from PS-116 issue to election tribunals, whose victory was challenged on the ground that he is an absconder in case.
Petitioner, Haji Saleheen contended that Shahzad Awan's matter is not related to recounting of votes but about his ineligibility for contesting the election after he was found absconder.
Meanwhile, SHC issued notices to ECP and Faisal Vawda, MNA elected from NA-249 in a dual nationality case of Vawda. Court sought the replies from ECP about dual nationality of Vawda after a petition filed by Qadir Khan Mandokhel sought the disqualification of Vawda for not meeting the requirements of Clause 62 of the constitution.