The Election Commission of Pakistan (ECP) reserved its judgment on Tuesday on PML-N supremo Nawaz Sharif's plea challenging the election victory of PTI's candidate from NA-15 Mansehra.
The PML-N leader's counsel Javed Jadoon as well as PTI-backed candidate Shahzada Gustashap Khan's counsel, Babar Awan, completed their arguments on the case today. A two-member bench of the ECP headed by Member Sindh Nisar Durrani conducted the hearing.
During the hearing, Nawaz’s counsel argued that they received a copy of the returning officer’s (RO) response yesterday evening, claiming that they did not receive Form 45s of 123 polling stations.
The ECP Sindh member asked Jadoon if there was a stay on the release of final election results. "Yes," the counsel replied.
The counsel further stated that, “The ballot boxes were not sealed," adding that this constituency witnessed "greater rigging and vote-tampering than in Daska". The RO was booked in the case but he fell sick and vanished after being shifted to the hospital, he alleged, adding that the counting of votes continued till 4 am the next morning.
Nawaz's lawyer termed the election "unconstitutional, illegal, and against election rules". ECP Member Punjab Babar Hassan Bharwana inquired if he thought the same regarding the elections held across the country.
The PML-N lawyer responded, “I am only talking about the irregularities in the elections held in NA-15,” urging the ECP judges to order a re-election.
PTI candidate's counsel Awan argued, “If the seals of the bags were broken, then the matter should be sent to the tribunal for investigation. The FIR registered against the RO cannot is not enough evidence. The ECP is neither a court nor a tribunal, it cannot record testimonies.".
Awan added, “There were no major complaints regarding the election till 1 AM on February 8.” He said Nawaz lost the seat as per the results of February 8.
“The ECP has formed tribunals, the matter regarding NA-15 should be sent to a tribunal,” Babar said.
The electoral watchdog reserved its verdict on the matter following the completion of arguments from both parties.
A day earlier, the ECP observed that it would issue an interim order regarding the stay on releasing the final results for NA-15 Mansehra.
The hearing was chaired by Chief Election Commissioner Sikandar Sultan Raja. The CEC observed that the ECP cannot continue the stay for an indefinite period.
Earlier, PTI-backed candidate’s counsel Babar Awan argued, “We won with a margin of 25,000 votes.” He maintained that, as per the law, a recounting of votes cannot be ordered on such a huge margin.
Addressing Nawaz’s lawyer, the CEC said the watchdog will lift the stay today, asking the former to present arguments on the case after receiving the RO’s report.
Last week, the ECP dismissed Nawaz’s application to stop the notification of the results of NA-15 Mansehra, with orders to refile it.
A two-member bench, headed by CEC Raja heard the complaints of candidates who had challenged the election results.
Nawaz’s lawyer did not appear before the bench and the NA-15 Mansehra RO while submitting his report to the commission said the constituency’s result had been compiled as per Form 45.
The ECP bench rejected the PML-N supremo’s application to stop the notification of the successful candidate, directing his lawyer to file it again.
Three days after the Feb 8 elections, the ECP had directed the RO to not issue the final result for NA-15 Mansehra, after PML-N supremo Nawaz Sharif challenged it.
