SHC issues notices to ECP, Haleem Adil Sheikh on plea seeking his disqualification

The Sindh High Court (SHC) on Friday issued notices to the Election Commission of Pakistan (ECP) on a petition seeking disqualification of Pakistan Tehreek-e-Insaf (PTI) MPA Haleem Adil Sheikh for filing false declaration about his properties before the ECP.

Petitioner Abdul Raheem submitted in the petition that the PTI MPA, who was declared as the returning candidate from the provincial assembly constituency PS-99 Karachi, had deliberately concealed information about his properties and dependant daughters at the time of filing of nomination papers for the July 2018 general elections.

Raheem submitted that the tax returns of the PTI MPA was also contradictory to the solemn declaration made by him under the Section 60 of the Election Act as his tax returns for the tax year 2017 reflected that he held assets under personal items amounting to Rs440,000, which he had concealed in his nomination papers.

The petitioner submitted that the respondent was also the sole proprietor of M/s Nawabshah Poultry Complex as evident from a certificate issued on June 13, 2018, by the Zarai Taraqiati Bank Limited, however, the respondent deliberately did not disclose the said business as evident from the para E of the affidavit filed by him in support of his nomination papers for the 2018 general elections.

Raheem further alleged that Sheikh was involved in land-grabbing and encroachments on state land admeasuring 253 acres worth Rs2.53 billion, and illegal revenue generation through the sale of farmhouses at commercial rates to the general public.

The petitioner’s counsel, Mohsin Shahwani, submitted that the PTI MPA had failed to disclose, rather deliberately concealed his two daughters, Nawabshah Poultry Complex and personal assets valued at Rs440,000 in his nomination papers filed for the general elections.

He submitted that such non-disclosure and concealment of his dependants and assets in his nomination papers for the elections, in terms of the section 60 of the Election Act 2017, and Section 12(2)(f) of the Representation of People Act (ROPA) 1976, would amount to furnishing false declaration on solemn affirmation in violation of law mentioned hereinabove.

He submitted that the PTI MPA was neither honest nor Ameen as envisaged in the Election Act, and the section 99(1)(f) of ROPA, 1976, as well as the Article 62(1)(f) of the Constitution.

The high court was requested to declare that Sheikh willfully and deliberately concealed and failed to disclose his two dependant daughters, complete assets and other important details and further furnished a false declaration on solemn affirmation in violation of the law due to which he was neither honest nor Ameen in terms of the Election Act, ROPA and the constitution.

A division bench of the SHC headed by Justice Mohammad Ali Mazhar, after the preliminary hearing of the petition, issued notices to Sheikh, the ECP and others and called their comments on January 20.