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July 2, 2014

PHC reinstates MNA Nasir Afridi

July 2, 2014

PESHAWAR: Suspending the decision of the election tribunal, the Peshawar High Court (PHC) on Tuesday reinstated an independent Member National Assembly Nasir Khan Afridi elected from the constituency NA-46 Khyber Agency.
The election tribunal headed by Zahid Yahya Gillani had disqualified the MNA on March 25 for submitting a false statement about his property while filing his nomination papers for the May 11, 2013 general election.
The tribunal had also issued directives to the Election Commission of Pakistan to hold fresh election on the seat as per the law. However, the Fata MNA challenged the election tribunal decision in the high court.
A two-member bench comprising Chief Justice Mazhar Alam Miankhel and Justice Nisar Hussain Khan reinstated Nasir Khan Afridi as MNA by suspending the decision of
the election tribunal. Barrister Akram Sheikh appeared for the petitioner in the case.
“The election petitions are accepted and election of MNA Nasir Khan Afridi on the NA-46 seat (Tribal Area IX) is hereby declared void held under Section 68 (b) of The Representation of The Peoples Act (RPA) 1976 within the contemplation of the act and Section 99 (i) (f) of RPA read with Article 62 (f) of Constitution,” said the judgment.
According to Article 62 (f) of Constitution: “A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law.”
Besides taking plea of submission of false statement about his landed property, the petitioners had also claimed that the respondent MNA rigged the polls and the election was engineered, adding nobody could call it free, fair and transparent.
The PTI candidate Muhammad Iqbal Afridi had also accused the local administration of playing the main role in ensuring independent candidate Nasir Khan Afridi’s success.Meanwhile, the same bench also

extended the stay order in the restoration case of Pakistan Tehreek-e-Insaf Member National Assembly Qaisar Jamal Khan Afridi of NA-47, a National Assembly constituency of Fata comprising the Frontier Regions. On June 19, the high court had restored Qaisar Jamal as MNA by suspending the tribunal decision.

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