IHC to hear JI Karachi plea over LG polls result rigging

The Islamabad High Court will take up a plea on Monday (tomorrow) against alleged electoral malpractice in recounting result of Local Government (LG) polls relating to Jama’at-e-Islami (JI) candidate for Chairman Union Council 8, Safari Park, TMC Safoora Karachi.
Advocate Umer Ijaz Gilani, counsel for Rashid Mannan Azmi, has filed petition before the IHC saying his client is aggrieved party who claimed his victory was turned into defeat because of a rigged recount.
A single-member bench of the IHC comprising Justice Miangul Hassan Aurangzeb will hear the petition of the JI candidate for chairman in the UC-8 Rashid Mannan Azmi.
Earlier, the petitioner has approached the Election Commission of Pakistan (ECP). However, when the ECP passed a non-speaking order in response to his application, he was left with no recourse but to resort to the High Court.
The petitioner had secured 2153 votes which was 27 more than the runner up candidate belonging to the Pakistan Tehreek e Insaaf. Thereafter, however, a rigged recount was carried out in which the JI candidate lost 72 votes while the PTI candidate lost none. Instead the PTI candidate actually gained votes.
When the JI candidate inquired from the RO about why he had lost so many votes, he was told that his votes had not been stamped by the Presiding Officers. The petitioner contends that this obviously show that either his votes were tampered with after completion of polling. Therefore, the results of the mala fide recount should be discarded and his party’s original victory restored.
Petitioner had approached the Election Commission but the ECP passed a mechanical order which does not even mention the facts of this case. The petitioner claims that Article 218 (3) of the Constitution has been violated as under the said Article the Commission is under an obligation to “completely and fully” discharge its mandate and that in this instance the Commission did not pay heed to their constitutional responsibility. An interesting argument made by the petitioner relies on the apprehension that the outcome and nature of the recount in the first place may set a precedent for any losing candidates in the future to easily set aside the natural, systemic and legal procedure and outcome of polls in any constituency whatsoever through post-poll rigging. The petition is scheduled to be heard by the Honorable Islamabad High Court on Monday, 27th March, 2023.