ISLAMABAD: The Supreme Court on Friday declared an election petition regarding Balochistan Assembly constituency PB-37 (Mastung) non-maintainable.
A three-member bench of the apex court headed by Justice Shahid Waheed heard the election petition, filed by Sardar Noor Ahmed Bangulzai.
The Election Commission of Pakistan had rejected the request for a recount. Justice Aamer Farooq remarked that the case before them was entirely different and had already been declared inadmissible due to an unverified affidavit.
Wasim Sajjad argued that the affidavit had been certified by an Oath Commissioner. Justice Waheed pointed out that the affidavit was not attested per legal procedure and that the witness statements were also improperly submitted.
He noted that several judgments of the Supreme Court had established that unverified affidavits make petitions inadmissible in the election tribunal.
When Sajjad claimed that an affidavit itself is a form of verification, Justice Waheed asked as to how is identity confirmed through CNIC. The judge noted that his affidavit was not properly submitted.
Sajjad contended that a lawyer had verified it, to which Justice Waheed replied as to how a lawyer can verify identity and how would the lawyer know.
Sajjad however questioned as to why the court was relying on technical grounds when the case was simple and only a recount had been requested.
The court later on dismissed the petition and declared the election petition from BPS-37 inadmissible.
It is pertinent to mention here that PPP candidate Sardar Noor Ahmed Bangulzai had challenged the election tribunal’s decision in the Supreme Court.
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