Election tribunal’s notices against PML-N MNA set aside

LHC rules an MP cannot be disqualified on fictitious petition

LAHORE: Justice Muhammad Khalid Mehmood of Lahore High Court Tuesday set aside notices issued by an election tribunal against PML-N MNA Mian Javed Latif and declared its proceeding unlawful on a petition seeking his disqualification for allegedly having a fake degree.

The court passed the order and held that an elected member of the parliament cannot be declared disqualified mere on the basis of a fictitious petition until a genuine petition against him was lying pending.

In his 12 pages’ judgment, Justice Khalid Mehmood held that there was a set procedure in the relevant laws and with the SC judgments that how the eligibility of a member of the parliament can be challenged. Afzal Ahmad neither was the rival candidate of Mian Javed Latif and nor he filed any petition against him, the judge held. The court said that an elected member cannot be declared as disqualified on any unclear petition.

Mian Javed Latif was elected as MNA from NA-133 Sheikhupura III in general election of 2013 on the ticket of PML-N.Afzal Ahmad, a resident of the district concerned, filed a petition in an election tribunal challenging his eligibility to hold a public office as MNA. The petitioner had alleged that he had obtained a fake BA degree. He had pleaded the court to declare Latif ineligible to hold public office and violating Article 62 and 63 of the Constitution.

The counsel of the respondent MNA told the judge that SC had declared his decree correct in a detailed judgment and he had not been involved in any illegal act. He said the election tribunal had no powers to continue its proceedings on a petition against him after the judgment of SC. The counsel requested the court to set aside the notices issued by election tribunal summoning his client and declared its proceedings unlawful.