| Citation(s) |
|---|
| 2026 SLD 3195 |
Islamabad High Court
Writ Petition No. 1281 of 2022 W.P. No. 2099 of 2022
Presented By: ARBAB MUHAMMAD TAHIR
For Petitioner : M/s Muhammad Farooq Malik ASC & Tariq Mehmood Khan Marwar, Advocate: For
Respondent No.1 : Mr. Muhammad Arshad, DG (Law), Mr. Khurram Shahzad ADG (Law) Ms. Saima Tariq Janjuhah DD (Law) and Mr. Zaigham Anees (LO): For
Respondent No.2 : M/s Muhammad Nisar Khattak & Mujahid Islam Advocates: Date of Hearing : 20th June, 2022: ___________________________________________________________________________
Writ Petition No. 1281 of 2022 W.P. No. 2099 of 2022
Presented By: ARBAB MUHAMMAD TAHIR
For Petitioner : M/s Muhammad Farooq Malik ASC & Tariq Mehmood Khan Marwar, Advocate: For
Respondent No.1 : Mr. Muhammad Arshad, DG (Law), Mr. Khurram Shahzad ADG (Law) Ms. Saima Tariq Janjuhah DD (Law) and Mr. Zaigham Anees (LO): For
Respondent No.2 : M/s Muhammad Nisar Khattak & Mujahid Islam Advocates: Date of Hearing : 20th June, 2022: ___________________________________________________________________________
Shaukat Ullah Khan
VERSUS
Election Commission of Pakistan, etc. Mehran Ilyas Versus. Election Commission of Pakistan, etc.
Law: Elections Act, 2017
Section: 55
JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J: This single Judgment shall dispose of captioned writ petition as well as Writ-Petition No. 1281 of 2022 titled “Shaukat-Ullah Khan v. ECP” as both emanate from orders of even date i.e. 30.03.2022, passed by the Election Commission of Pakistan (‘respondent No.1’) in Case No. 23(26)/2022-Law and 23(59)/2022-Law, whereby on various petitions of contesting candidates for the seat of ‘General Councilor’, VC Siraj Khel, Teshil Takhat Nasrati, District Karak, for recounting of votes and rectification of results on the ground of fabrication/manipulation of Form-XVII by the Returning Officer 192 (petitioner in WP 2099-2022), the respondent No.1 constituted an Inquiry Committee comprising Mr. Muhammad Raziq, Provincial Election Commissioner, Khyber Pakhtunkhwa, Mr. Khushal Zada, Director (Elections) Peshawar, KPK and Mr. Adnan Bashir, Regional Election, Kohat, under section 55 (4) read with Rule 12 (4) of Khyber Pakhtunkhwa Local Government (Conduct of Elections) Rules, 2021 to conduct fact finding inquiry in the matter under the law with the direction to submit their report within shortest possible time but not later than 30 days after the receipt of the Order. It was further directed that the Committee shall highlight the role of accused involved in the corrupt practice including manipulation/fabrication of Form(s) XVII as well as recommendations for initiating disciplinary or criminal proceedings or both against accused. In-addition, the respondent No.1 directed as under:- Since the conduct of Mehran Ilyas, Returning Officer has become dubious in the matter hence he be suspended as Additional Assistant Commissioner (wherever he is posted now) under section 55, sub-section 3 of the Elections Act, 2017 read with Rule 12, sub-section 3 of Khyber Pakhtunkhwa Local Government (Conduct of Elections) Rules, 2021till further orders of the Commission and under intimation to this Commission; Notification of Mehran Ilyas as Returning Officer be also withdrawn forthwith under intimation to this Commission; District Election Commissioner, Karak be appointed as Returning Officer under section…