An Election Appellate Tribunal of the Lahore High Court on Friday dismissed appeals against the acceptance of nomination papers of PML-N candidate Sardar Ayaz Sadiq, PTI candidate Aleem Khan, PML-N candidate Mian Mohsin Latif and PTI candidate Shoaib Siddiqui from NA-122 and PP-147 constituencies.
The tribunal comprising Justice Mehmood Maqbool Bajwa and Justice Masood Abid Naqvi heard six appeals filed by Barrister Amir, Hafiz Talha, Munsif Awan and others.
Earlier, the counsel for the petitioners, while arguing before the bench, submitted that the returning officer had accepted the nomination papers of the respondent, PML-N candidate Ayaz Sadiq, despite the fact that a tribunal had ordered him to pay Rs 2 million as cost while de-seating him from the NA-122 constituency.
The counsel said the returning officer failed to apply his judicial mind while accepting the nomination papers of Sardar Ayaz Sadiq. The petitioners pleaded the tribunal to set aside the returning officer’s decision and declare the respondent ineligible to contest the by-polls.
The counsel for the petitioners further submitted that PTI candidate Aleem Khan did not declare his complete assets in the nomination form. They said that in nomination papers, the respondent had submitted that no case was pending against him whereas he was nominated in two FIRs registered in connection with the EOBI scam on the directions of the Supreme Court. They pleaded the court to also declare Aleem Khan ineligible to contest the election for concealing the facts.
However, Sardar Ayaz Sadiq’s counsel Barrister Maqsooma Bukhari submitted that the respondent was de-seated on mistakes of the election machinery, whereas the tribunal did not find him guilty of any corrupt practices.
She said the cost could not be considered as a penalty because an application was filed for its recovery under the Civil Procedure Code instead of the Criminal Procedure Code.
She further said that the tribunal’s order had been challenged in the apex court and the decision could not be considered final till the apex court confirmed it.
She pleaded the court to dismiss the appeals and allow Sardar Ayaz Sadiq to contest the elections. Similarly, PTI Candidate Aleem Khan’s counsel submitted that the Federal Investigation Agency (FIA) declared Aleem Khan innocent in the said cases and it was the reason that no challan was submitted against him in any courts.
He said the respondent not only paid his taxes regularly but had also declared his complete assets in the nomination papers.
Mohsin Latif’s counsel submitted that the allegations levelled against his client were false. He pleaded the tribunal to dismiss the appeal against him.
The tribunal after hearing the arguments dismissed all the appeals and allowed all the candidates to contest elections from respective constituencies.
