SHC allows application filed by Karachi Customs Agents Association, orders recounting

KARACHI: Justice Muhammad Ali Mazhar of High Court of Sindh, Wednesday allowed a Civil Miscelaneous Application against Assistant Registrar, Joint Stock Companies pertaining to the elections held on 16-9-2017 to the post of eight office bearers as well as twelve members of the Managing Committee.

According to detail some members raised the issue that counted votes are not reconciling with the total number of votes. The election commissioner maintained the discrepancy in the provisional result. The recounting was announced and on the same date final results were announced.

The plaintiff through law firm Franklin Law Associates, filed a CMA and prayed to the court to suspend a letter issued by the Assistant Registrar, Joint Stock Companies which said that provision of recounting do not exist in the article of the said association. The letter also required of the defendant to form a care taker committee to conduct the election afresh under Article 31(c) of the articles of the association. A bench of SHC entertaining the interlocutory application ordered parties to maintain a status quo.

The bench discussing the controversy at hand disposing off the application set aside the letter of the defendant Assistant Registrar Joint Stock Companies for forming a care taker set up. The bench also appointed Nazir of SHC to monitor and supervise the recounting of the voters afresh for the satisfaction of all the candidates who contested elections. The Nazir was directed to announce the date and time for recounting in the office of the plaintiff.

The bench also ordered defendant no 3 to hand over the entire election record with sealed bags of votes, counter foils, calculation/tabulation sheets etc to Nazir of SHC in three days.

The defendant no 3 was further ordered that after recounting in the presence of Nazir, compile the result and hand over certified copy to the Nazir who shall report to the court.

The bench fixed ten day time to complete the exercise.

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