ISLAMABAD: The Supreme Court (SC) on Monday dismissed a plea of Punjab’s former chief minister Ch Pervaiz Elahi, seeking to be declared as candidate returned on NA-61 Chakwal-II after the seat fell vacant due to the resignation of PML-N legislator Sardar Muhammad Faiz Tamman on July 2.
A three-member bench of the apex court, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday, questioned the appellant as to how he moved the apex court when his plea on the matter was referred by the election tribunal to a local commission, where it was pending for adjudication.
Chaudhry Farooq Haider, counsel for Pervaiz Elahi, pleaded the court to declare his client the successful candidate from NA-61 Chakwal after former MNA Faiz Tamman had resigned from the constituency.
He contended that his client had secured 91,969 votes, whereas his opponent Faiz Tamman had got 92,201 votes. He said Pervaiz Elahi lost the 2008 election with the difference of 432 votes; however, he had sought the recount of 11,396 rejected votes as most of them were cast in his favour.
He said after the resignation of Faiz Tamman, if 11,396 rejected votes are not counted, even then his client was entitled to be declared as the candidate returned. Justice Rauf Ahmed Sheikh of the Lahore High Court was acting as the election tribunal.
The Lahore High Court had earlier stayed the process of by-elections in Chakwal scheduled for August 25 on the petition of Pervaiz Elahi, who had said that fresh election could not be held till his election petition, challenging the 2008 election results was decided.
The former chief minister and PML leader had agitated before the LHC that under Section 75 of the Representation of the People Act 1976, the election petition should have been decided ex parte in his favour after the respondent did not contest the challenge to his election as an MNA and later resigned.
PML-N MNA Faiz Tamman, who was elected from NA-61 Chakwal, had resigned on July 2, which was accepted by the National Assembly Speaker, Dr Fehmida Mirza. In 2002 general elections, he was elected MNA as an independent candidate from NA- 61 and joined the Pakistan People’s Party. But later, he drifted into the camp of the Pakistan Muslim League (PML).
In 2008 elections, the PML did not give him a ticket to contest the elections, thus he moved to the Pakistan Muslim League-Nawaz and defeated the PML candidate Ch Pervaiz Elahi after tough competition in the election. Faiz Tamman had told a press conference that he had resigned due to indifferent behaviour of Sharif brothers towards the problems of his constituency.