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Notices to ECP, Kulsoom on pleas challenging candidature

By Our Staff Reporter 2017-09-12
LAHORE: The Lahore High Court on Monday issued notices to the Election Commission of Pakistan (ECP) and Kulsoom Nawaz of the PML-N on three identical petitions challenging candidature of the ruling party candidate for NA-120 by-election.

A full bench headed by Justice Aminuddin Khan issued the notices after holding initial proceedings on petitions filed by PPP candidate Faisal Mir, Advocate Ishtiaq Ahmad Chaudhry of the Pakistan Awami Tehreek (PAT) and Nabeel Shahzad of the Milli Muslim League (MML) against the decisions of the returningofficer and an election tribunal whereby nomination papers of Kulsoom were accepted.

Justice Ibadur Rehman Lodhi and Justice Shahid Jamil Khan were the other two members of the bench.

During the hearing, the bench observed that the petitions would be decided before the by-election, which was scheduled for Sept 17.

Earlier, Advocate Zafar Husain Ahmad argued on behalf of Faisal Mir that the returning officer and the election tribunal brushed aside the objections against the candidature of Ms Nawaz and accepted her nomination papers.

He said neither the RO nor the tribunal looked into the details ofthe objections regarding concealment of assets by the PML-N candidate. He alleged the declaration filed by Ms Nawaz regarding her and her spouse`s assets was entirely false and misleading.

When asked by the bench whether the RO passed an order while rejecting the objections raised by the petitioner on the nomination papers of the respondent, the counsel said there was no order available with the petitioner. He said the order passed by the appellate election tribunal comprising judges of the LHC was also not in accordance with law.

The bench issued notices to the respondents for Sept 13 and also directed the returning ofhcer of NA-120 to produce completerecord of his decision on the objections raised against the candidature of Ms Nawaz. The bench also directed the registrar office to submit record of the decision by the election tribunal on the next hearing.

Other petitioners contended that Ms Nawaz concealed an FIR on treason charges registered against her during Musharraf regime. They alleged the PML-N candidate also concealed her assets and income in the nomination papers. They said the respondent candidate showed her a dependent of her spouse Nawaz Sharif, however, she was a share holder of many companies.

The petitioners further said Ms Nawaz also failed to discloseagreement and salary for a UAE Iqama (work permit) attached with her nomination papers. He said the PML-N candidate was also a defaulter of agriculture income tax and concealed details of her Murree residence.

They said both forums -RO and election tribunal -did not apply their judicial minds while rejecting the objections and probed the matter just like a post office and did not bother to follow guidelines set by the Supreme Court in many cases.

The petitioners asked the court to set aside the decisions of RO and the election tribunal and reject the nomination papers of Ms Nawaz for the by-poll scheduled to be held on Sept 17.