ECP issued notice on 20 pleas against rejection of nominations
KARACHI: The election tribunals on Wednesday issued notices to the Election Commission of Pakistan (ECP) and others on appeals filed by Pakistan Tehreek-i-Insaf (PTI) vice chairman Shah Mahmood Qureshi, its Sindh president Haleem Adil Sheikh and 18 other candidates whose nomination forms were rejected by returning officers (ROs) concerned.
The tribunals also directed the deputy attorney general to appear and assist the appellate forums on the next date.
On Wednesday, over 200 candidates challenged the ROs’ decision before the elections tribunals as Jan 3 was the last day of filing appeals rejection or acceptance of nomination papers.
The total number of election appeals had topped 300 during the last three days.
The nomination papers of Shah Mehmood Qureshi and his son Zain Qureshi were rejected by the RO from NA-214 (Tharparkar-I) for not filing some certificates about income tax.
GDA, PPP, Muttahida candidates among 200 more who moved election tribunals
Representing the appellants, Barrister Ali Tahir argued that the candidatures of both appellants were rejected without any cogent reason as they provided details of all their assets/properties and source of income and not concealed any material fact from the RO.
He also submitted that the purported reason of non-submission of ‘no-dues certificates’ was not sufficient to dislodge the appellants from contesting elections.
The lawyer contended that every non-disclosure or mis-declaration would not be sufficient to disqualify the candidates as RO failed to appreciate factual position that the appellants provided information as required under the law.
He argued that the RO had to have obtained explanation and whether such omission had any element of dishonesty or otherwise and such failure on the part of RO was non-performing duty under the law.
The counsel was of the view that rejection of nomination papers of the PTI vice chairman and his son was in violation of their fundamental rights as such findings of RO were perverse and liable to be set aside.
Another detained PTI leader Haleem Adil Sheikh had also approached the tribunal following rejection of his nomination papers from NA-238 (Karachi East-IV) over lack of police clearance and not clearing dues of the provincial assembly.
His lawyer argued that his client was being subjected to political victimisation and the RO had failed to issue his production order to jail authorities and rejected his papers on frivolous objections without giving any opportunity of hearing.
The appeals against rejection of nomination papers of Pakistan Peoples Party Parliamentarian (PPPP) leader Mirza Ikhtiar Baig from NA-241 (South-III), PTI’s Arsalan Khalid from NA-248 (Central-II) and Muttahida Qaumi Movement-Pakistan’s Sadiq Iftikhar from NA-234 (Korangi-III) also came up for hearing.
After hearing preliminary arguments from their lawyers, the election tribunal, headed by Sindh High Court Justice Adnan-ul-Karim Memon, put the ECP, ROs and other respondents as well as DAG on notice for Jan 5 with direction to the parties to exchange documents/comments, if any, before the next hearing.
Another election tribunal headed by Justice Arshad Hussain Khan of the SHC also issued notices to the respondents on appeals filed by PTI’s Khurram Sher Zaman (NA-241), President Arif Alvi’s son Awab Alvi (NA-241), PPP’s Mohammad Ali Rashid (NA-234) and four others.
The third election tribunal, established at SHC’s principal seat, headed by Justice Khadim Hussain Tunio put the respondents on notice in seven election petitions filed by PTI’s Alamgir Khan (NA-236 East-II) and Dr Masroor Ali Sial from (NA-230 & NA-231 Malir-II & III).
Fahmida Mirza, family file appeals
Meanwhile, over 200 appellants have approached the three election tribunals working at the SHC’s principal seat in Karachi on the last day of filing appeals against ROs decision.
Grand Democratic Alliance (GDA) leaders Dr Fahmida Mirza, her spouse Dr Zulfiqar Mirza and their two sons have also filed appeals on Wednesday against rejection of their papers from two NA and three provincial assembly seats in Badin.
Nasir Ahmed Panhwar and Aftab Ahmed Baqai, said to be the candidates of the MQM-London, also approached the tribunals on Wednesday against rejection of their nomination papers from NA-231 and NA-248, respectively.
Sunni Tehreek chief Sarwat Ijaz Qardi (PS-108 South-III), Jamaat-i-Islami’s Mohammad Ali Khan (PS-76 Thatta-II) are also among the candidates who filed appeals on the last day of the three-day exercise.
Around 60 elections appeals from Karachi, Hyderabad and Mirpurkhas divisions are fixed for hearing before three tribunals in Karachi on Thursday (today).
The tribunals will have to decide all appeals by Jan 10.
Published in Dawn, January 4th, 2024
