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Barrister Saif’s election as senator challenged

KarachiThe Sindh High Court (SHC) on Wednesday issued notices to the Election Commission of Pakistan (ECP) and others on a petition challenging Muttahida Qaumi Movement’s Senator Barrister Muhammad Ali Khan Saif’s qualification for the technocrat’s seat from Sindh.Petitioner Jalal Mahmood Shah, president Sindh United Party (SUP) submitted that Barrister Saif

By Jamal Khurshid
May 14, 2015
Karachi
The Sindh High Court (SHC) on Wednesday issued notices to the Election Commission of Pakistan (ECP) and others on a petition challenging Muttahida Qaumi Movement’s Senator Barrister Muhammad Ali Khan Saif’s qualification for the technocrat’s seat from Sindh.
Petitioner Jalal Mahmood Shah, president Sindh United Party (SUP) submitted that Barrister Saif was elected Senator on the seat in the upper house of the parliament from Sindh but did not qualify for the post since he hailed from the Mardan district of Khyber Pakhtunkhawa.
Counsel of the petitioner Barrister Zamir Ghumro argued that under article 62(1)(c) of the Constitution a person was not qualified to be elected or chosen as a member of the Senate unless enrolled as a voter in the province for which he seeks membership.
He added that the respondent was not entitled to be a voter under Section 6(2)(d) of the Electoral Rolls Act, 1974.
He alleged that the Senator had fraudulently gotten enrolled as voter in Sindh thus cheating on the statute and the public which proved that he was not sagacious, righteous, non-profligate, honest or Ameen according to Article 62(a)(f) of the Constitution.
The lawyer argued that the respondent had violated articles 11 and 12 of the senate election law as well as section 5 of the electoral rolls act and he should thus be disqualified. He said the candidate snatched the right of representation of the people of Sindh for his political ambitions.
The SHC’s division bench, headed by Chief Justice Faisal Arab after preliminary hearing of the petition issued notices to the ministry of law and justice, the ECP secretary, Senate chairman, returning officer for the senate polls and Senator Saif to file their comments on the next date of hearing.