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Imran, Asif, Kashmala, Waqas cleared; Wajahat, Madhyana disallowed

18 April, 2013

LAHORE: An election tribunal of the Lahore High Court on Wednesday dismissed all five appeals against PTI Chairman Imran Khan and declared him a fit candidate from NA-122, Lahore, on the last day of deciding the appeals.

The appellant had levelled allegations against Imran Khan that he had concealed assets and was ineligible in view of Article 62 and 63 of the Constitution. PML-N's Kh Asif was also given the go-ahead by the tribunal to contest elections from NA-110 Sialkot by rejecting an appeal against acceptance of his nomination papers.

Jamaat-i-Islami candidate Arshad Baghio has moved an appeal, saying he has concealed his assets and submitted incorrect details to the returning officer. The tribunal after hearing arguments from both the sides dismissed the appeals, observing the appellant had failed to substantiate the allegations.

The three election tribunals continued Wednesday hearing on appeals against the decisions of the returning officers. The tribunal declared ineligible PPP leader Aslam Madhyana for contesting elections from PP-31 of Sargodha and Seemal Kamran from reserved seats for women.

The tribunal was told that PPP leader Madhyana was involved in torturing a school teacher Nafees and charge had been framed against him. The tribunal reserved verdicts on seven appeals of the candidates including Ghazanfer Gul against rejection of their nomination papers.

Under the law, if the tribunal failed to decide the appeals in stipulated time the decisions of retuning officers would hold the field. In Rawalpindi, the appellate tribunal constituted cleared over 69 percent candidates whose nomination papers were rejected by the returning officers and upheld decisions of ROs in 26 percent cases.

The appellate tribunal judges Justice Rauf Ahmad Sheikh and Justice Mamoon Rashid Sheikh disposed of 130 appeals against rejection or acceptance of nomination papers. The tribunal cleared 90 candidates and dismissed appeals of 34 candidates. Two cases were also referred to the EC and the rest of the objectors withdrew their objections.

The tribunal cleared Ch Shujaat's brother-in-law Tahir Sadiq from two constituencies NA-57 & 58, Attock. In another matter, the tribunal declared ineligible Pakistan Tehrik-e-Insaf candidate from NA-54 Shahid Pervez Gilani.

The appellate tribunal also dismissed an appeal against candidature of a former MPA from PP-26, Jhelum, Ch Nadeem Khadim after the Supreme Court had disqualified him for having dual nationality.

Khadim's counsel Barrister Gohar Khan argued before the court that the apex court did not convict his client but only raised questions regarding his eligibility. In Peshawar, a tribunal comprising Justice Mian Fasihul Mulk, Justice Mazhar Alam Miankhel and Justice Irshad Qaiser allowed 11 candidates, including former MPA Khalifa Abdul Qayyum, to contest election.

On April 2, Additional District and Sessions Judge, Dera Ismail Khan, Anwar Hayat Khan, sentenced Khalifa Abdul Qayyum to three years in prison and Rs 5000 fine in a fake degree case. His counsel submitted that his client's conviction was suspended.

Other candidates whose nomination papers were accepted included JUP-Norani candidate for PK-1 Yasir Farid, candidate for PK-25 Mardan Yasir Ali Shah, candidate for PK-36 Swabi Noorul Hassan, candidate for PK-64 Dera Ismail Khan Mujtaba Al-Hasan Shah, candidate for NA-41 North Waziristan Ibrahim Khan, candidate for PK-74 Lakki Marwat Muhammad Fahad, candidate for PK-73 Bannu Malik Naqeebullah, candidate for PK-40 Karak Pazir Gul and an appeal of George Yousaf for reserved seat of non-Muslim in Khyber-Pakhtunkhwa Assembly.

The tribunal also dismissed 15 appeals filed against acceptance of nomination papers of Fakhar Jahan for PK-37, Shahid Khan for NA-37, Misal Khan for PK-41, Ghulam Sarwar for PK-44, Nawazish Ali for NA-9, Abdur Rahim for NA-47, Imran Azam for NA-6, Pervez Ahmad for PK-16, Riaz Ahmad for NA-19, Abdur Rashid for NA-15 and Hafiz Hashmat for PK-7.

Meanwhile, sources reported PML-N's Sheikh Waqas Akram got a go-ahead to contest election from NA-89 Jhang IV. Earlier, a returning officer had rejected his nomination papers after his A-level certificate could not be verified.

The election tribunal declared PML-Q leader Ch Wajahat Hussain ineligible. The tribunal disallowed Abdul Haq‚ Muhammad Ikhlaq‚ Khurshid Alam and Salman Shah for having dual nationalities. The ET also allowed Kashmala Tariq to contest elections by declaring her eligible.


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