PHC restores Nasir Afridi as MNA

PESHAWAR: The Peshawar High Court (PHC) on Friday allowed writ petition of MemberNational Assembly Nasir Khan Afridi against the decision of election
tribunal and restored him as Member National Assembly on NA-46.

On March 25, 2014, the election tribunal had declared null and void the election of MNA NasirKhan Afridi on the NA-46 seat (Tribal Area IX), and ordered a re-election.A two-member bench comprising Justice Roohul Amin Khan and Justice Syed Afsar Shah declared the election tribunal’s decision as null and void and restored the MNA.

The high court had earlier suspended the tribunal’s decision and restored him as MNA on temporary basis. However, he remained MNA on a stay order since 2014.The NA-46 constituency is situated in Khyber Agency. The election petition was filed by former federal minister and losing candidate in the general election, Hamidullah Jan Afridi, seeking disqualification of Nasir on different grounds and re-election in NA-46 (Tribal Area IX).

Nasir Khan was declared a returned candidate from NA-46 as he had received 4,135 votes against 3,579 and 3,342 votes of Iqbal and Hamidullah, respectively.The petitioner, Hamidullah, had levelled several allegations against Nasir, including that of bogus polling, rigging and concealment of assets in the nomination papers.

The petitioner had claimed that Nasir had not mentioned several of his properties in the nomination papers. He stated concealment of properties was a misstatement, which amounted to corrupt practices under Section 78 of the Representation of Peoples Act 1976.

The petitioner alleged that the election officers concerned had acted in collusion with Nasir and he was provided the voter lists several days before the elections whereas the petitioner was provided the same only a day before the 2013 general elections.

He added that the armed supporters of Nasir had beaten up his polling agents and forced them to leave the polling stations.During general elections, the polling was stopped at different polling stations on May 11, 2013 due to clashes between supporters of candidates and subsequently re-polling was held in 21 of the polling stations on June 5. However, the high court after hearing arguments from both the sides allowed the appeal and declared the tribunal’s decision as void.