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ET seeks record of rejecting Imran’s papers from NA 53

June 22, 2018

Our correspondent

ISLAMABAD: The Election Tribunal (ET), comprising Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC), here on Thursday directed a returning officer (RO) to submit complete record who on June 19 had rejected nomination papers of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan from NA-53 Islamabad. The ET would now take up this matter on Friday (today). The ET was hearing an appeal by Imran Khan against the rejection of his nomination. The RO had rejected his nomination papers from NA-53 Islamabad as he did not mention in the affidavit that what important contribution he made for his constituency previously NA-56 during the period from 2013 till 2018 when he remained an MNA. Imran’s counsel Babar Awan argued before the court that his client heads the largest political party of Pakistan and fighting for the fundamental rights of citizens. Imran has done lot of philanthropic work but no funds/schemes/projects were allotted to him as both federal and Punjab governments were inimical towards him. Advocate Awan contended that the nomination papers of his client were rejected on whimsical and unfounded grounds.

The RO, while rejecting Imran’s nomination papers, had observed “while scrutinizing the affidavit of candidate Imran, I found a clause-N of the affidavit made applicable for a class of candidates who served as elected members from any national and / or provincial assemblies and require information of their constituencies in as much as the detailed facts/instances of their important contributions for the benefit of their said constituencies like him from NA-56 in the year 2013-2018. These important contributions for the voters benefit of said constituencies may have included their rights under part-II of the Constitution of 1973 and /are fund based. The requirement of this clause in the affidavit of candidate Imran despite being wholly applicable is not answered/ completed as the same is left blank / unattended. The affidavit is not duly filled in the way it was so required as per spirit of directions of the Supreme Court, so leaving me with no option but to presume the affidavit being incomplete in its filing.

Imran Khan, in his appeal, has maintained that the order of RO is unattainable and merits. Appellant neither concealed any fact nor made any wrong declaration and, therefore, the penalty inflicted is against all norms of justice.

Appellant was not allotted with any project /scheme, but he continued his services as philanthropist in the fields of cancer cure and higher education. Reference can be made to Shaukat Khanum hospitals in Lahore, Peshawar and Namal University in Mainwali. The appellant willfully did not concealed any facts and the penalty being imposed on him is unjustified, unprecedented and harsh.

Appellant has expressed his willingness to rectify the required entry in clause (N) of the affidavit. Imran has requested the tribunal to set aside the RO’s order and his nomination papers may be accepted.

After the court proceedings, talking to the media, Babar Awan said that Imran Khan will be an MNA from NA-53, and he will be the first prime minister from the federal capital. Under the Election Act 2017, the RO was supposed to remove a technical mistake by himself. As in opposition, Imran Khan was not allocated with any funds or schemes for his constituency, advocate Awan also said.

Separately in another matter a Pakistan Awami Tehreek (PAT) candidate from NA-52 filed an appeal before the ET against rejection of his nomination papers by the RO. Munir Ejaz, through his counsel Makhdoom Niaz Inqilabi, contended before the ET that the RO rejected his nomination papers on the basis that the details of his bank accounts were not complete. Ejaz prayed that the order of the RO may be set aside.

In Rawalpindi, ET Justice Ibadur Rehman Lodhi at Lahore High Court (LHC)’s Rawalpindi bench issued notices to the former Prime Minister Shahid Khaqan Abbasi directing him to appear before the ET at the appeals of Masood Ahmed Abbasi and Muhammad Umar.

Appellants have filed appeals against the acceptance of Shahid Khaqan’s nomination papers from NA-57 Murree. The ET has also directed the RO to submit complete record of this case. The appellant have leveled allegations of corruption against Shahid Khaqan and said that he compromised national security by supporting Nawaz Sharif’s disputed interview.

Separately, in another matter, Syed Fakhar Abbas, advocate, has once again challenged the acceptance of the nomination papers of PTI candidate Fawad Chaudhry. Last day the ET had dismissed his election appeal. Fakhar Abbas has alleged that Fawad Chaudhry concealed tax details and also details regarding his family.

Meanwhile, the same ET issued notices to the attorneygGeneral of Pakistan and advocate general Punjab in a petition challenging the Punjab Local Government Act, 2015, under which the local government representatives cannot take part in national and provincial assembly elections.

The Chairman of the Union Council number 27, Azhar Iqbal Satti, has filed an appeal through his counsel Sardar Abdur Raziq, advocate. Satti’s nomination papers were rejected for being local government representative.

ET Lodhi, while hearing this case, observed that the eligibility criteria for a national and provincial assembly candidate is given in Election Act, 2017 and articles 62, 63 of the Constitution whereas under local government act 2015, the local government representatives cannot contest the elections in Punjab only. In other provinces, there is no such condition. ET Lodhi further observed that the Election Act, 2017, is a federal law while constitution of Pakistan is a supreme law. A provincial legislation cannot supersede these laws. This point needs consideration and the court need assistance from federal and provincial law officers. The hearing was then put of till June 25.