Election 2018: Fawad eligible to contest, decision on Abbasi today

LAHORE: Former prime minister Shahid Khaqan Abbasi on Thursday moved the Lahore High Court (LHC) against the Rawalpindi appellate election tribunal’s decision to restrain him from contesting from NA-57 and disqualifying him for life.

In his plea, Abbasi has stated that the tribunal exceeded its authority by disqualifying him for life. The court will hear and decide the matter today (Friday).

On the other hand, a two -member LHC bench suspended an order issued by an election tribunal and permitted PTI central information secretary Fawad Chaudhry to contest theupcoming general election from NA-67, Jhelum.

Accepting the appeal of Syed Fakhar Haider against the RO’s decision, an election appellate tribunal comprising Justice Ibad-ur-Rehman Lodhi of the LHC Rawalpindi Bench had disqualified Fawad for life under Article 62(1) (f) of the Constitution.

But the PTI leader challenged the tribunal’s decision by invoking High Court's constitutional jurisdiction under Article 199 of the Constitution and prayed to uphold the RO's decision about accepting his nomination papers. The bench led by Justice Mazahar Ali Akbar Naqvi heard the petition.

Azam Nazir Tarar Advocate appeared on behalf of the petitioner and argued that appellate tribunal passed an illegal and unlawful decision as it went beyond its jurisdiction. He said the RO had accepted petitioner's nomination papers after dismissing the objection raised at that time.

Later, the respondent Haider approached the appellate tribunal which initially rejected his appeal, ruling that the respondent was not an arrived person to file the appeal as he was neither a candidate nor an objector.

He contended that the respondent filed a second appeal on the same grounds and to the utmost surprise, the same tribunal this time entertained it and rejected the nomination papers of the petitioner.

Tarar argued that the tribunal was not functioning as a constitutional court and the declaration was without any lawful authority. He said the tribunal issued the impugned declaration without affording an opportunity of hearing to the petitioner.

He asked the bench to set aside the impugned decision of the tribunal for being unlawful and reinstate the RO’s order.

The bench observed that the points raised by the petitioner's counsel needed consideration and suspended the impugned decision of the tribunal. It directed the ECP counsel to convey the order to the legal director of the Commission to do the needful. The bench also sought a reply from the ECP on the petition by July 3.

Talking to media persons, Fawad said the decision of his disqualification by the tribunal was ridiculous. He said the two-member LHC bench o dispensed justice by suspending the tribunal's decision. Referring to PML-N, he said those who were distributing sweets on his disqualification would be feeling frustrated with the LHC verdict.