Increase font size Decrease font size Reset font size

LHC dismisses NA speaker`s election petitions

By Our Staff Reporter 2014-12-17
LAHORE: The Lahore High Court dismissed on Tuesday two petitions of National Assembly Speaker Sardar Ayaz Sadiq one challenging order of an election tribunal for opening of polling bags of NA-122 constituency and the other seeking contempt proceedingsagainst tribunal member Kazim Ali Malik.

Citing judgments of superior courts, Justice Ijazul Ahsan observed that the petitions were not maintainable and that the high court had no jurisdiction to hear matters relating to election tribunals.

Earlier, the petitioner`s counsel argued that the tribunal`s order was in violation ofSection 55 of the Representation of People`s Act, 1976. He said the tribunal did not record evidence of the petitioner before ordering opening of the bags.

Justice Ahsan, however, said the tribunal did not seize the right of the petitioner to record the evidence either.

The petitioner should produce his evidence before the commission inspecting therecord, observed the judge and dismissed the petitions.

Mr Sadiq had taken the plea that the tribunal was bound to decide on his objections before proceeding ahead in the case `as directed by the Supreme Court`.

He said the Supreme Court had ruled that `if an objection is raised with regard to the maintainability of a petition the court/tribunal shoulddecide that preliminary objection, because if that objection is sustained then the court is left with no option but to dismiss the petition`.

The election tribunal had allowed an application of Pakistan Tehreek-i-Insaf chief Imran Khan, the runner-up in NA-122 constituency during the general elections, and ordered opening of the polling bags.