ISLAMABAD, Aug 9: The Islamabad High Court (IHC) on Thursday dismissed the petition of Pakistan Muslim League-Quaid (PML-Q) MNA from Balochistan.
The petitioner was seeking transfer of election petition filed by his rival contestant of Pakistan Muslim League-Nawaz (PML-N) from the election commission tribunal Balochistan, to any other one.
MNA Sardar Mohammad Israr Tareen, elected from NA-263 Loralai, cited PML-N candidate Sardar Mohammad Yaqoob Khan Nasar, Mir Shah Jehan Khetran and other 11 contestants of the National Assembly seat as well as secretary Election Commission and election tribunal Balochistan as respondents.
IHC division bench comprising Justice Riaz Ahmed Khan and Justice Mohammad Azim Khan Afridi heard the petition.
Chaudhry Mohammad Ali, counsel for Tareen told the court that his client secured 52,818 against 34,985 votes of his PML-N rival in the 2008 elections and has been declared as returned candidate.
He said Mr Nasar filed an election petition before the election tribunal Balochistan calling into question the results of NA-263, adding that during the trial of election petition, the tribunal summoned the election record of 23 polling stations from the returning officer and according to reply of the returning officer, polling bags pertaining to 19 polling stations out of 23 were found torn and unsealed.
He pointed out that summoning of returning officer and polling bags by the tribunal was beyond the request of the petition filed by Nasar as it happens only in the case of returning officer, who is responsible for complaints and inconsistencies.
Advocate Ali alleged that the tribunal without giving Tareen opportunity for the fair trial, passed an order against him on June 16, 2011 and subsequently his client was de-seated.
Tareen then filed an appeal in the Supreme Court and the apex court on May 14, 2012, remanded the case to the tribunal again for re-trial of the election petition and also restored his membership of National Assembly, he added.
Advocate Ali expressed apprehensions that the tribunal was determined to decide the matter against his client Tareen, adding that due to this very reason he moved an application under section 58 of Representation of People Act 1976 for transfer of the election petition to some other tribunal but the Election Commission dismissed the application in a perfunctory manner.