Fata MNAs’ appeals to be heard on merit: PHC

PESHAWAR: The Peshawar High Court (PHC) on Thursday dismissed the plea of losing candidates that appeals filed by Fata members of the National Assembly against their disqualification are non-maintainable.
The court observed in its short decision that the appeals filed by Fata MNAs against their disqualification would be decided on merit after proper hearing. It dismissed the plea of the losing candidates that these appeals are non-maintainable.
Mrs Justice Irshad Qaisar announced the decision reserved by a division bench that also included Chief Justice Mazhar Alam Miankhel. The high court had already suspended the decisions of Election Tribunal regarding disqualification of two Fata MNAs, PTI’s Qaisar Jamal Afridi from NA-47 and Nasir Khan Afridi from NA-46.
The losing candidates, including Hamidullah Jan Afridi and Abid Afridi, had filed applications during hearing of the appeals against disqualification of Fata MNAs and requested the court to dismiss the appeals on point of limitation as these petitions are time barred.
After lengthy arguments on the point of limitation by the senior lawyers including Aitzaz Ahsan, Qazi Muhammad Anwar, Ahmad Awais, Syed Abuzar Pirzada and Abdul Samad Bannu, the bench reserved the decision on point of limitation.
The election tribunal had disqualified MNA from Khyber Agency Nasir Khan Afridi and directed the Election Commission of Pakistan (ECP) to conduct re-election in NA-46.
On May 5, 2014 the election tribunal headed by Yahya Zahid Gillani had set aside the victory of PTI MNA Qaisar Jamal Afridi on the petition of another candidate Abid Afridi and ordered the Election Commission of Pakistan (ECP) to hold re-election.The tribunal had cancelled the election as the elections were held even after printing of wrong symbol of Kamil Sherani, the candidate of Pakhtunkhwa Milli Awami Party.