Election Tribunal dismisses nine petitions

PESHAWAR: The Election Tribunal on Monday dismissed on the basis of non-maintainability nine election petitions filed for recounting and disqualification of lawmakers of national and provincial assemblies.

The tribunal headed by Justice Mussarat Hilali dismissed nine election petitions filed by losing candidates of different political parties.

However, the Election Tribunal declared that election petitions filed against Federal Minister for Religious Affairs and Interfaith Harmony Noorul Haq Qadri and Awami National Party (ANP) Member National Assembly (MNA) Ameer Haider Hoti and MNA Sajid Turi were maintainable.

The tribunal dismissed election petitions filed against successful candidates in the July 2018 general election including MNA Abdul Shakoor, MNA Mohsin Javed (Dawar), MNA Jawad Hussain, MPA Jamshed Mohmand, MPA Jamsheduddin Kakakhel, Khalid Khan Mohmand, MPA Tufail Anjum, MPA Muhammad Arif and Senior Minister Atif Khan.

The tribunal allowed the objection petitions of the parliamentarians against the election petitions filed by losing candidates with observations that the petitions were not maintainable.

They successful candidates claimed that election petitions filed for recounting of votes, their disqualification on the alleged claim of rigging were not maintainable and should be dismissed.

Counsels for the parliamentarians submitted that the petitioners did not fulfil the legal requirements while filing the election petitions as in some of the petitions there are no signatures of the petitioners, in some petitions affidavits were not properly prepared and in other cases the petitioners did not provide copies of the petitions to all respondents, which are essential under the law.

The lawyers for the respondent parliamentarians submitted that these election petitions be dismissed as the petitioners have not fulfilled the requirements under the law.

However, counsel for the petitioners argued that the petitioners have fulfilled all the requirements and petitions cannot be dismissed on technical mistakes if do so.

The tribunal declared that election petitions against the Federal Minister for Religious Affairs and Interfaith Harmony Noorul Haq Qadri, MNA Ameer Haider Hoti and MNA Sajid Turi are maintainable.

Shah Jee Gul Afridi, who has filed a petition against Noorul Haq Qadri, is seeking re-polling on the constituency. He claimed that women’s votes were wrongly polled.

He alleged the presiding officers of 10 polling stations took filled bags of votes to their houses.

The petitioner claimed that he was not allowed to run the election campaign in 23 polling stations. Barrister Gohar Ali appeared for Shah Jee Gul Afridi in the election petition.

Pakistan Tehreek-e-Insaf (PTI) candidate Noorul Haq Qadri had won election from NA-43, Tribal Area-IV by securing 33,243 votes. According to the Election Commission of Pakistan (ECP), an independent candidate Shah Jee Gul Afridi stood second by getting 30,151 votes.

The tribunal also put on notice respondent MNA Ameer Haider Hoti, in an election petition filed by PTI’s Atif Khan, seeking to recount of votes in NA-21 Mardan.

As per the Form 47 of the ECP, Haider Hoti of ANP won the election by obtaining 78,911 votes while PTI’s Atif Khan stood second with 78,876 votes. There is only 35 vote difference; this was why, the PTI candidate, who is now Provincial Minister of Khyber Pakhtunkhwa for Tourism filed a petition for recounting.