This Election Petition has been filed by Mr. Atthar Khan Mulghani, Advocate Bar Association Taunsa Sharif District D.G. Khan.
The petitioner argued that election for the years 2017 of Taunsa Bar Association were held against the law and many illegalities were committed during the election process. He argued that since a partial Election Board was constituted therefore by committing illegalities the election board favored Mr. Ishfaq Hussain Khan Advocate illegally and against the intention of voters. While arguing his case the petitioner pointed out following illegalities committed during the election process:-
1. It was argued on behalf of petitioner that, to give undue favor to Mr. Ishfaq Hussain Khan Advocate on the counter foils of the ballots papers no numbering was got printed and Nos. were marked on these ballot papers with hand which is a glare illegality. He said that corrupt practices were committed during these elections and if the counter foils are observed many counter foils bear the same Nos. for example two counter foils bear No. 6 twice similarly ballot No 164 has been mentioned twice
2. It is also pointed out that counter foils book were not sealed alongwith ballot papers rather these were produced by one of the member of Election Board Mr. Muhammad Azam Khan Warani before the previous Executive Committee, which is also a corrupt practice and due to the above true facts the Election of the President has become void.
3. It is argued that two advocates Mr. Ghazanfar Abbass Natkani Advocate and Mr. Abdul Aziz Natkani, Advocate are Govt. servants in this regard pay slip of Mr. Ghazanfar Abid has been produced. It is argued by petitioner that Election Board was conveyed that the above said two persons are not advocates and they are Govt. Servants therefore, they should not be allowed to cast their votes, however, to achieve desired results these persons were allowed to cast their votes illegally.
4. That a ballot paper was rejected which was casted in favor of petitioner only for the reason that mark of tick (?) was placed, out of box which is illegal and that vote should be counted in favor of petitioner.
5. It was further argued that although it was decided in the code of conduct that only those votes will be considered which bears the mark (?) whereas, one vote having the mark of cross (X) was counted in favor of respondent President.
6. It is also argued that although an additional list of voters bearing the vote of Mr. Sohail Iqbal issued by the Punjab Bar Council was communicated to the Election Board but Mr. Sohail Iqbal was not allowed to cast his vote, which is illegality and corrupt practice.
The Chairman Election Board present before the Committee was confronted with the above said arguments of the petitioner; he admitted almost all the allegations leveled by the petitioner When he was again confronted with the situation of counter foils and also regarding counter foils having the same No., he admitted it to be correct similarly he was asked about the casting of votes by Government Servants he admitted that Mr. Ghazanfar Abid Natkani, who casted his vote as an advocate is a Govt. Servant whereas, he showed his ignorance about Mr. Abdul Azeem Natkani, advocate Govt. servant. He also admitted that although additional voter list issued by Punjab Bar Council, regarding vote of Mr. Sohail Iqbal was communicated to him but he did not allow Mr. Sohail Iqbal, to cast his vote.
Mr. Ishfaq Hussain Khan, respondent present in person had argued that elections were held- in a free and fair manner and no illegality was committed. He also admitted that counter foils did not bear the printed Nos. he also admitted that some counter foils have same No twice. He also admitted that one ballot paper bearing mark of ) casted in favor of petitioner was rejected whereas, one ballot paper bearing mark of ( ) was counted in his favor. He also admitted although the additional list issued by Punjab Bar Council, regarding vote of Mr. Sohail Iqbal was produced before the Election Board, but he was not allowed to cast his vote, however, it was argued that since it was produced on the polling day, therefore, he was not allowed to cast his vote. Regarding the casting of vote of Govt. Servants although he admitted that Mr. Ghazanfar Abid is a Govt.
Servant, however, he argued that since he has casted his vote in the last Elections, therefore, he had a right to cast his vote and that no one knows that he casted his vote in whose favor. He further argued that since he was elected in a free and fair election therefore, this election petition be dismissed.
Arguments heared. Record perused. As far as the marking of prescribed mark outside the reserved space is concerned place for marking the ballot paper being not an essential mandate of law, the question of validity or otherwise of the ballot paper would necessarily be determined by ascertaining the intention of the voter in this regard guidance is derived from 1983 SCM R 125, 1987 SCM R 1987 so rejected ballot paper of petitioner is declare to be a valid ballot paper as far as the sanctity of election is concerned non-presence of printed Nos. on counter foils of the ballot papers, different ballot papers bearing the same No. written by hand, not sealing of counter foils and production of the same by a member of Election Board, instead of Chairman Election Board in a sealed position, allowing the Govt. servants to cast their votes as advocates not to allow the voter having his name in additional voters list issued by PBC to cast his vote has proved that this election was not held in a fair and impartial manner; rather these were held by a partial election board in an unfair manner using corrupt practices just to achieve the desired results therefore we declare this election to the extent of President null and void Mr. Muhammad Ramzan Khan Vice President TBA, Taunsa Sharif is appointed as acting President and directed to constitute new Election Board and hold the Elections for the slot of President TBA, Taunsa Sharif, within a period of twenty days according to Rules and procedure as per law. A show-cause notice be issued to Mr. Sohail Muhamood Natkani Advocate/Chairman Election Board, Muhammad Azam Khan Marani, Mr. Naeem Ullah Khan Arbi, as to why they have not conducted the Elections as per rules.
Mr. Ghazanfar Abid Natkani, Advocate and Mr. Abdul Aziz Natkani Advocate be also given a show- cause notice that why the proceedings for misconduct and also criminal proceeding should not initiated against them as being Govt. servant they casted their votes as advocates and also concealed their position to be a Govt. servant from Punjab Bar Council.