ISLAMABAD: The Election Commission of Pakistan (ECP) on Wednesday rejected the application of Nawaz Sharif challenging the election of NA-15 Mansehra while announcing its verdict reserved yesterday upon completion of the hearing.
The ECP concluded that the petitioner may approach the Election Tribunal and The ECP ordered the Returning Officer (RO) to complete the results in three days.
The ECP Sindh member Nisar Durrani authored the decision.
Nawaz Sharif’s lawyer termed the election “unconstitutional, illegal, and against election rules”.
PTI-backed independent candidate Shahzada Gustasap Khan won the seat by securing 105,249 votes, while Nawaz Sharif had obtained 80,382 votes.
Earlier on Tuesday, the ECP reserved its judgment on PML-N supremo Nawaz Sharif’s plea challenging the election victory of PTI-backed 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.
A two-member bench of the ECP, headed by Sindh member Nisar Durrani, conducted the hearing.
During the hearing, Nawaz’s counsel argued that they received a copy of the returning officer’s (RO) response on Monday evening, claiming that they did not receive Form-45 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 stated, “The ballot boxes were not sealed. 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 4am the next morning.
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 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 1am on February 8.”
He said Nawaz lost the seat as per the results of Feb 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.
On Monday, 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 could not 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, 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 Nawaz challenged it.
