PESHAWAR: The Peshawar High Court (PHC) on Tuesday restrained the Election Commission of Pakistan (ECP) from declaring official result of NA-43 tribal district till the next order.
As per the result displayed on the ECP website, the PTI candidate Noorul Haq Qadri has won the election with a margin of 3,000 votes.
A division bench comprising Justice Roohul Amin Khan and Justice Ishtiaq Ibrahim issued the stay order in a writ petition filed by losing independent candidate Shah Jee Gul Afridi. It fixed hearing into the case till today.
The petitioner was seeking an order of the court for recounting of NA-43 votes.
As per the result, displayed on ECP website, the PTI candidate Noorul Haq Qaddri has a lead of 3,000 votes over Shah Jee Gul Afridi.
The court issued notices to the ECP and the returned candidate Noorul Haq Qadri, directing them to submit reply in the case.
During the hearing, Qazi Muhammad Anwar, counsel for the petitioner, submitted that on July 27, the returning officer for NA-43 accepted an application of the petitioner for recounting of the votes of 182 polling stations and fixed July 28 for a recount.
Interestingly, he said, the returning officer on July 28 started recounting but suddenly cancelled the process on the ground of possible threat to peace in the constituency.
Under the law, he contended, the returning officer was not vested with the powers to rescind the recounting order and thus the impugned order on cancellation of the recounting had nullity in the eye of law.
He also pointed out that the petitioner had raised the issue at the ECP, but that was not responded.
“In view of the contentions made by the lawyer of the petitioner, we would like to know the view point of ECP and the returned candidate and put them on notice to submit reply,” the bench stated in a short order passed in the petition.
However, as interim relief, the court stopped the ECP from declaring official result of the PTI candidate till next order.
