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Monday May 06, 2024

PTI-backed Haleem Adil, Arsalan Khalid approach SHC against election results

By Jamal Khurshid
February 11, 2024

Many Pakistan Tehreek-e-Insaf (PTI)-backed independent candidates for National Assembly and Sindh Assembly constituencies have challenged the election results of their respective constituencies in the Sindh High Court (SHC).

The Sindh High Court building. — AFP/File
The Sindh High Court building. — AFP/File

The petitioners Haleem Adil Sheikh, Arsalan Khalid and Jan Sher Junejo, who contested the polls as independent candidates backed by the PTI, challenged the election results of NA-238 East, NA- 248 Central and PS-98 East respectively submitting that the returning officers (ROs) had manipulated the election results in the form 47 despite the fact that they had obtained the highest votes as per the form 45.

The petitioners’ counsel, Ali Tahir, submitted that under the sections 76 and 92 of the Election Act 2017, the candidate or his election agent was entitled to be present at the time of provisional and final consolidation of the results received from various presiding officers.

He submitted that the election agents of the petitioners were present at the office of the returning officers before the start of consolidation process but they were illegally kicked out of the premises through use of unwarranted force by police and thereafter no one was allowed to enter the premises again.

He said the entire process of provisional consolidation was compiled without the election agents being present.

The counsel submitted that as per the election results of the form 45, the petitioners had clear lead of votes in their constituencies but they had not been declared as returned candidates in the form 47 by the ROs.

They submitted that the only reason for the removal of the polling agents of the petitioners was stealing the elections from them and the electorate of their constituencies.

The counsel submitted that the form 47 and the results were to be announced in the presence of the candidates or their agents, but they were announced without following the procedure.

The high court was requested to declare that the ‘so-called’ consolidation of results carried out in the absence of election agents of the petitioners be declared void and direct the ROs to prepare the form 47 afresh following the legal requirements in accordance with the Rule 85 of the Election Rules 2017.

Other PTI-backed candidates as well those of other parties are also likely to challenge the form 47 given by the ROs before the SHC.