- Former PM barred from contesting polls from home constituency, PTI chief clears NA-53, NA-35 legal hitches
- PTI’s Fawad Chaudhry’s nomination from NA-67 rejected, says tribunal judge gave verdict at behest of ex-CJP Iftikhar Chaudhry
ISLAMABAD: An appellate tribunal of the Election Commission of Pakistan (ECP) on Wednesday disqualified former prime minister and senior leader of the Pakistan Muslim League-Nawaz (PML-N), Shahid Khaqan Abbasi from contesting the upcoming election from his home constituency of NA-57, declaring that he is not Sadiq (truthful) and Ameen (trustworthy).
Meanwhile, two other appellate tribunals have cleared Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s nomination papers to contest the polls from Islamabad’s NA-53 constituency as well as Bannu’s NA-35.
Khan’s papers, like Abbasi and PTI-Gulalai leader Ayesha Gulalai’s, had been rejected from NA-53 because he had failed to fill out Clause N, which asks candidates about their contributions to their previous constituencies.
ABBASI DISQUALIFIED:
In its written order, a single-judge bench noted that former premier Abbasi was “guilty of concealment of facts and withholding of complete information from his voters”.
Declaring that he is not ‘Sadiq’ and ‘Ameen’, the tribunal stated that Abbasi was “not a qualified person to be elected or chosen as a member of Majlis-e-Shoora (parliament) within the meaning of Article 62(1)(f) of the Constitution of Pakistan”.
“Responding to the submissions of learned counsel for respondent that unless there is a declaration of any court of law under which a person can be declared as not qualified or not honest and Ameen, I declare that this tribunal constituted under the statutory provisions of a federal statue is a court of law and after declaring that Abbasi being guilty of concealment of facts and withholding of the complete information from his voters is not an honest and ameen person and after such declaration, declare him as not a qualified person to be elected or chosen as a member of Majlis-e-Shoora (parliament) within the meaning of Article 62(1)(f) of the Constitution of Pakistan,” Justice Ibadur Rehman said in his judgement.
The petitioner had argued that Abbasi had first attached a Rs100 stamp paper with his papers and added a Rs500 stamp paper later on.
He had also accused Abbasi of illegally occupying the Lawrence College forest and understating the ownership of his house in F-7/2.
The constituency’s returning officer (RO), who had originally accepted Abbasi’s papers, was suspended after he admitted his error.
The tribunal’s decision can be challenged in the Lahore High Court (LHC) and Supreme Court.
According to legal experts, the appellant tribunal can only accept and reject nominations. They claimed that the tribunal has exceeded its jurisdiction with the judgement.
FAWAD CHAUDHRY’S NOMINATION REJECTED:
The appellant tribunal, headed by Justice Lodhi of the LHC, also rejected nomination papers of PML-N candidate Azhar Kiyani, PTI nominees Fawad Chaudhry for NA-67 (Jhelum-II) and Sardar Ghulam Abbas for NA-64 (Chakwal-I).
The decision came on appeals filed by the candidates’ rivals, challenging returning officers’ decision of accepting the nomination papers.
Nonpayment of taxes on agricultural landholding and his name being Fawad Ahmed on his computerised national identity card were among the objections raised against Fawad Chaudhry’s nomination papers by Justice and Democratic Party’s candidate Fakhar Abbas Kazmi.
Commenting on the verdict, Fawad Chaudhry has claimed that former chief justice Iftikhar Muhammad Chaudhry was behind the rejection of his nomination papers.
“The move is aimed to adversely affect my election campaign,” he said, claiming that he was warned against holding any press conferences against the former top judge or he would ‘face consequences’.
Chaudhry further alleged that Justice Ibadur Rehman Lodhi was ‘very’ close to former CJP Chaudhry. “Everyone knows how he was appointed a judge. The legal fraternity is well aware of his integrity and moral standing,” he said, and announced that he would approach the Supreme Judicial Council and Pakistan Bar Council against Justice Lodhi.
He added that the judge’s ‘malafide intention’ can be witnessed from the fact that at first his nomination papers were accepted but later the said judge took up the matter afresh and rejected the same nomination papers.
Meanwhile, Tehreek Labaik Ya Rasool Allah (TLY) leader Ashraf Jalali, whose nomination papers from NA-81 (Gujranwala) had earlier been accepted, saw that decision overturned as PML-N politician Atif’s objections against his papers were deemed valid.
Not mentioning his tax returns and not handing over his passport to the RO were among the objections raised against Jalali’s papers.
IMRAN KHAN’S APPEAL:
PTI chief Imran Khan personally appeared before the tribunal’s presiding officer, Justice Mohsin Akhtar Kayani, to fill out the incomplete Clause ‘N’ of the affidavit.
He mentioned that his philanthropic work such as the establishment of Shaukat Khanum Hospital and his quest to create awareness about fundamental rights may be treated as contribution towards his previous constituents.
Khan received another boost on Wednesday as his nomination papers from NA-35 were also cleared after objections raised by Justice and Democratic Party candidate Inamullah Wazir were discarded by another appellate tribunal.
Wazir had sought the rejection of Khan’s candidacy on the grounds that he had failed to disclose the name of Tyrian White, the PTI chief’s alleged daughter, in his nomination papers.
After hearing both the parties’ arguments, the tribunal ruled in Khan’s favour citing the unavailability of evidence
The ECP is scheduled to issue revised list of candidates on Thursday. The candidates may file an appeal before a three-member bench of the high court against the decision of the appellate tribunals.
