PESHAWAR: The Peshawar High Court on Thursday ordered the suspension of an election tribunal`s decision to de-seat Pakistan Tehreek-iInsaf MNA Qaisar Jamal from tribal areas and issued notices to the lawmaker`s rival candidates for appearancein the case.
The order led to the restoration of the MNA`s membership until the court gives verdict in the case.
While issuing the order, a bench comprising Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain observed that the points raised by Qaisar Jamal in an appeal against his deseating needed consideration.
On May 5, an election tribunal in Dera Ismail Khan had de-seated Qaisar Jamal and directed theElection Commission of Pakistan (ECP) to hold reelection in his constituency, NA-47 Tribal Areas XIL Tribunal head Yahya Zahid Gillani had accepted an election petition filed by Qaisar Jamal`s rival candidate, Haji Abid Afridi, and observed any aggrieved party could file appeal in the Supreme Court against the decision in the next 30 days.
Lawyer for the appellant, Mohammad Akram Sheikh, said his client had moved the Supreme Court against his de-seating but the court referred the appeal to the high court observing under the rules, a candidate from the Federally Administered Tribal Areas could file an appeal against the order of an election tribunal first before the high court and then the Supreme Court.Akram Sheikh said the tribunal had overlooked several important points in the case and had accepted the election petition on vague grounds.
Before the election tribunal, the petitioner had challenged his election as an MNA over corrupt practices and printing of wrong election symbol of one candidatein the ballot paper.
The petitioner had said the ECP had allotted a NA-47 candidate, Kamil Sherani of Pakhtunkhwa Milli Awami Party, the symbol of tree but the symbol of corn was printed in front of his name on the ballot paper.
He had added that in light of that mistake, the returning officer had recommended re-election in the constituency to the ECP. -Bureau Report
