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PESHAWAR / LAHORE / KARACHI: PTI leaders approached election tribunals on Monday against the decisions of the returning officers regarding the rejection of their nomination papers for the February 8 elections.
In Sindh, Shah Mehmood Qureshi, Haleem Adil Sheikh, and Firdous Shamim Naqvi were among around 20 appellants who approached the tribunals established at Sindh High Court’s principal seat in Karachi.
The election tribunals issued notices to the Election Commission of Pakistan, returning officers concerned, and other respondents with directions to file comments by Jan 4.
Barrister Ali Tahir filed the appeals on behalf of the PTI vice chairman and his son and submitted that the rejection from NA-214 (Tharparkar) was based on the absence of a no dues certificate of agricultural income tax and no dues certificate from the ‘mukhtiarkar’ (revenue administrative officer) concerned. The appellant argued that such reasons were politically motivated and not sustainable.
LHC orders ROs to issue attested copies of their decisions to Elahi, family
They also contended that under Section 60(2) of the Elections Act 2017, the candidates were not legally required to provide such certificates. The lawyer asserted that the RO had not relied upon any objection or the report of any institution while rejecting the nomination papers.
He also submitted that the PTI leader was unaware of liable dues with regards to the telephone bill which was used during his tenure as an MNA. About the verification of the authority letter, the lawyer argued that the PTI vice chairman was incarcerated in jail and the administration had not let the appellant sign any authority letter.
Thereafter, he submitted that an application in this regard was filed on Dec 20 and the judge directed the jail authorities to do the needful.
The lawyer said the authority letter was signed by the appellant in the name of an authorised representative and such application and order were shown to RO, but he acted in complete defiance of law.
Another PTI incarcerated leader Haleem Adil Shaikh also filed an election appeal through his attorney since the RO had rejected his nomination papers from NA-238 (Karachi East-IV). The appellant said his candidature was rejected on politically motivated grounds.
Former PTI lawmaker Firdous Shamim Naqvi, who is currently confined at his house in connection with a case related to the May 9 incidents, through his lawyer filed an election appeal against the order of RO. The nomination papers of the PTI leader were rejected from NA-236 (Karachi East-II) and impugned the same before the election tribunal.
Representing the appellant, Jibran Nasir advocate was of the view that Mr Naqvi had filed three identical nomination papers from the same constituency as a precautionary measure after incidents of harassment and abduction of seconders and proposers were reported, especially from Punjab.
However, he maintained that all such papers were rejected by the RO on the ground that the appellant’s party had lost the electoral symbol without perusing the order of the Peshawar High Court (PHC), which had suspended the decision of the Election Commission of Pakistan against the election symbol of PTI.
Khurram Sherzaman also approached the election tribunal against rejection of his nomination from NA-241(Karachi South-III). Appeals were also filed by former PTI MNAs Attaullah and Aftab Jahangir since their nomination papers were also rejected from NA-245 (Karachi West-I) and NA-244 (Karachi West-II).
PTI’s Dr Masroor Sial (NA-230 Malir-II) and Saeed Afridi (NA-245 & 246) were also among the appellants who approached the tribunal on Monday. The tribunals issued notices to respondents directing them to file comments by Jan 4.
Punjab
PTI ticket aspirant Barrister Shahid Masood filed an appeal before the appellate tribunal challenging the rejection of his nomination papers from NA-131, Kasur. The appellant alleged that the RO rejected his papers only for his affiliation with the PTI.
Mansoor Sabir Ansari of PTI and Zaigham Abbas of PML-Q also filed appeals against the rejection of their nomination papers from PP-176 in Kasur and PP-131 in Gujrat, respectively.
Separately, Justice Ali Baqar Najafi of the LHC directed the ROs of different national and provincial constituencies in Gujrat and Mandi Bahauddin to issue attested copies of their decisions regarding the rejection of nomination papers of PTI President Parvez Elahi, his wife Qaisera Elahi, son Moonis Elahi and others.
Mr Elahi and others filed petitions pleading that the ROs dismissed their nomination papers but had not issued attested copies of the impugned decisions allegedly to delay the filing of the appeals before the appellant tribunals. Justice Najafi ordered the ROs of NA-64, NA-69, PP-32, PP-34, and PP-42 to provide the petitioners with attested copies of the decisions.
Khyber Pakhtunkhwa
In Khyber Pakhtunkhwa, several PTI members challenged the rejection of their nomination papers at the election tribunals of the PHC and its Abbottabad circuit bench. Nine PTI leaders challenged the returning officers’ decision to turn down their nomination papers in the high court while three others filed writ petitions at the PHC Abbottabad circuit bench.
Muhammad Atif Khan, PTI Peshawar region president, filed a writ petition at the PHC against the rejection of his nomination papers from NA-22 (Mardan) and PK-69. Similarly, Ali Muhammad Khan also challenged the rejection of his nomination papers at the PHC. Besides, Mujahid Khan from Mardan district also challenged the rejection of his nomination papers.
PTI candidates Zahir Shah for PK-58 and Abdul Salam Afridi for PK-58 also approached the PHC against the rejection of their nomination papers. Besides, Iftikhar Mashwani and Amir Farzand Khan also filed writ petitions in the PHC against the rejection of their nomination papers for the PK-60 and PK-61 constituencies.
Similarly, Aftab Alam, PTI candidate for the NA-35 (Kohat) approached the PHC election tribunal while Yousaf Khan approached the court against the rejection of his nomination papers from NA-31 (Hangu).
Abu Turab also petitioned the election tribunal against his disqualification. PHC judge Justice Syed Shakeel Ahmed will hear the petitions at the election tribunal.
In Manshera, the PTI challenged the disqualification of Senator Azam Khan Swati and others at the PHC Abbottabad circuit bench.
“We have separately moved our writ petitions challenging the returning officers’ orders in which they disqualified me, Senator Azam Khan Swati and others from contesting Feb 8 general elections,” Kamal Saleem Swati, PTI’s divisional spokesperson told reporters. The PHC CJ gave the Abbottabad circuit bench the authority to act as the regional election tribunal under Justice Kamran Hayat Miankhel to hear election-related issues in the Hazara division.
A PTI lawyers panel led by Munir Hussain Lughmani advocate and including Barrister Mudassar Usman and Waqar Khan advocate moved separate petitions for Mr Swati whose nomination papers were rejected by the RO in NA-15 (Mansehra-II), Kamal Saleem Swati whose nomination papers were rejected in NA-14 (Mansehra-I) and PK-37, and Sardar Khan whose nomination papers were rejected by in PK-38. Separately, Nooruddin Khilji, Sardar Khadim Hussain Wardak, Abdul Ghafar Kakar and Adil Bazi of the PTI challenged the rejection of their nomination papers in Balochistan.
Nisar Ahmed Khan in Mansehra and Saleem Shahid in Quetta also contributed to this report
Published in Dawn, January 2nd, 2024
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