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Sunday May 05, 2024

Imran challenges nomination papers’ rejection in LHC

Court was requested to set aside ROs and tribunals’ decisions and permit PTI founder to contest the elections

By APP & ONLINE
January 13, 2024
This picture released on August 3, 2023, shows PTI Chairman Imran Khan while speaking in front of a camera. — Facebook/Imran Khan
This picture released on August 3, 2023, shows PTI Chairman Imran Khan while speaking in front of a camera. — Facebook/Imran Khan

LAHORE: The Pakistan Tehreek Insaf founder chairman Imran Khan challenged the rejection of his nomination papers for two constituencies of the National Assembly in the Lahore High Court (LHC).Through his legal team.

Imran filed two separate petitions against the rejection of his nomination papers for National Assembly constituencies, NA-122 (Lahore) and NA-89 (Mianwali). The petitions argued that the returning officers (ROs) and appellate tribunals had erroneously rejected the nomination papers in both constituencies.

The court was requested to set aside the ROs and tribunals’ decisions and permit the PTI founder to contest the elections.

Meanwhile, An LHC three-member bench reserved its verdict on a petition filed by PTI leader Shah Mehmood Qureshi against the rejection of his nomination papers from three constituencies.

The bench headed by Justice Ali Baqar Najafi heard the petition and reserved the verdict after hearing detailed arguments of parties.

In the course of arguments, Qureshi’s counsel submitted that all legal requirements were fulfilled before submitting nomination papers. He said it was not mandatory for a candidate to appear in person before the RO for filing his nomination papers. Fundamental constitutional rights take precedence over legal rights, he added.

Contesting elections is a constitutional right which cannot be abrogated under legal requirements and the Sindh High Court had given a detailed decision on this point, he said.

Qureshi’s counsel pleaded with the bench to set aside the decisions of the ROs and the tribunal concerned and allow his client to contest elections.

However, the counsel for the Election Commission of Pakistan (ECP) argued that it was mandatory to put thumb impression on nomination papers, but the petitioner did not fulfill this requirement, adding that the legal requirement of verifying the affidavit was also not met.

He said the proposer and endorser could not be changed as per law, adding that the nomination papers could not be modified after their submission to the RO.

It is pertinent to mention here that Qureshi had challenged the rejection of his nomination papers for National Assembly constituencies NA-150 and NA-151and provincial assembly constituency PP-218.

Meanwhile, the election tribunal decision on rejecting appeal plea against acceptance of nomination papers of Pakistan Muslim League-Nawaz (PMLN) Quaid Nawaz Sharif from NA-130 were challenged in the LHC.

The appeal has been filed by Ishtiaq Chaudhry advocate. The petitioner has taken plea that the tribunal dismissed appeal against the acceptance of Nawaz’s nomination papers contrary to the facts. Nawaz had been disqualified for lift time and he could not contest elections.

The petitioner took the plea Supreme Court decision on the matter of life time disqualification came after acceptance of Nawaz’s nomination papers. The decision is not applicable to Nawaz’s case. The petitioner requested the court to order for rejection of Nawaz’s nomination papers.