SHC withdraws stay against election tribunal’s proceedings

KARACHI: Sindh High Court (SHC) on Monday vacated its stay orders against the election tribunals proceedings on the election petitions that challenged results of elections to the constituencies won by Pakistan People’s Party (PPP) leaders including Sindh Chief Minister Syed Qaim Ali Shah. Three-judge bench, headed by Justice Munib Akhtar, allowed election tribunals to proceed with election petitions in accordance with law.Earlier on May 26, the bench while clubbing together 13 petitions for joint hearing ruled that stay orders granted by the SHC benches against the tribunal proceedings would stand recalled and vacated by June 23, if the SC did not pass any order on the question of the high court jurisdictions to hear petitions against the order of an election tribunal. At the outset of hearing on Monday, learned counsel for the various petitioners stated that appeals challenging SHC’s order of May 26 regarding the high court jurisdictions to hear petitions were pending in the Supreme Court and were not fixed for the hearing. They requested the judges to extend its stay order against tribunal proceedings. However, the Election Commission of Pakistan and other respondents strongly opposed the request.The bench said that it had already held that constructional petitions against interlocutory orders of election tribunal. They were not maintainable in the high court and stay orders granted against tribunals proceedings still holds field. We are not inclined to extend this interim arrangement.It ruled that: all interim orders of whatever date against tribunals proceedings must be deemed recalled and vacated. Therefore, the election tribunals may proceed to deal with the matters before them in accordance with law.Chief Minister Sindh and PPPP lawmaker Nawab Ali Wassan had filed a petition assailing the order of election tribunal regarding maintainability of election petitions against them pending before tribunal.Other petitions filed against tribunals proceedings included PPPP MNA Ali Gohar Khan Mahar, PPP MPA Abdul Sattar Rajpar.

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