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Election Tribunal Allows 47 Candidates To Contest General Elections, Rejects Appeals Of Four Candidates
Faizan Hashmi Published June 27, 2018 | 08:03 PM
The Election Tribunal (ET) allowed 47 candidates to contest General Elections 2018 and dismissed appeals of four candidates on different grounds during last three days of hearings concluded here on Wednesday.
PESHAWAR, (UrduPoint / Pakistan Point News - 27th Jun, 2018 ) :The Election Tribunal (ET) allowed 47 candidates to contest General Elections 2018 and dismissed appeals of four candidates on different grounds during last three days of hearings concluded here on Wednesday.
As today was the last day of disposal of appeals filed against decisions of Returning Officers (ROs) regarding acceptance and rejection of nomination papers of candidates, the Election Tribunal presided over by Justice Syed Afsar Shah, has cleared scores of candidates to contest the July 25 elections.
On Monday last, the tribunal formally commenced hearings on scores of appeals filed by rival candidates, utility services agencies and departments etc against decisions of ROs and disposed of more than 51 appeals during last three days of proceedings.
The tribunal allowed 47 candidates to contest general election and dismissed appeals of four candidates whose nomination papers were rejected by ROs on different grounds.
The appeal of National Telecommunication Corporation (NTC) challenging decision of RO for allowing Qaumi Watan Party (QWP) Chairman, Aftab Ahmed Khan Sherpao to contest election from NA 23 Charsadda-I, was dismissed by the tribunal.
NTC had challenged RO decision by claiming that around Rs373,539 dues was outstanding against Aftab Sherpao since 1994, which was overlooked by the RO during scrutiny of his nomination papers.
The lawyer of Aftab Sherpao produced a clearance certificate, saying his client had cleared that amount and there are no amount outstanding dues against him. The tribunal dismissed appeal of NTC and allowed Aftab Sherpao to contest election.
The tribunal also dismissed NTC's objection against former MPAs Arshad Khan Umerzai and Malik Tehmash Khan after they produced clearance certificates of clearing all dues of NTCs.
The NTC had claimed that Rs17,620 was outstanding against Umerza, a candidate from PK-57 Charsadda, whereas Rs37,129 was due against Tehmash Khan, who is contesting election in PK-67 on PPP's ticket.
Former provincial minister and PPP candidate Ziaullah Afridi was also cleared for election after the tribunal dismissed an objection appeal of the rival candidate against acceptance of his nomination papers.
Himayatullah had claimed that there were several references pending against Ziaullah Afridi in the Ehtesab Court, which was overlooked by the RO decision.
Gohar Rehman Khattak advocate appeared on behalf of Ziaullah Afridi and submitted that his client had mentioned all the cases pending before the Ehtesab Court. He further argued that the rival candidate was raising an objection to the written wording in the nomination form issued by the ECP, not by the candidate and therefore the appeal may be rejected.
Muhammad Ismail, former MNA Hamidul Haq, Abdur Rahim and Asif, who challenged the RO's decision for rejecting their nomination papers on the ground that their proposers and seconders were not from the same Constituencies, were also allowed to contest elections.
The tribunal also dismissed an election appeal filed by a candidate Sajid Fahim against his disqualification by the Returning Officer on the ground of being a government contractor.
Two important cases pertaining to dual nationalities of candidates were also decided by the tribunal.
One of the candidates, Nawabzada Arsala Khan Hoti, who is contesting on NA- 21 Mardan on PMLN ticket, was allowed to contest election. However, the tribunal has rejected plea of another appellant, Arshad Bashir Khattak, a candidate NA-32 Kohat, on ground of possessing dual nationality.
The defense lawyer argued that Arsalla Hoti had surrendered his foreign nationality before the 2013 general elections and had also contested that election. The tribunal accepted the argument and allowed Arsalla Khan to contest election.
However, the tribunal turned down appeal of Arshad Bashir Khattak and upheld the decision of RO. The RO had rejected Bashir Khattak's nomination papers for having a US nationality.
Khattak lawyer argued that he had given an affidavit and is going to surrender his US nationality and this argument was not accepted by the tribunal.
The appeals of candidate Sajid Khan from Nowshera, Muhammad Idress and Taj Nawaz Khattak from Hangu district were also dismissed.
The tribunal also disposed of NTC's objection as withdrawn filed against District Nazim Peshawar, Arbab Asim Khan after the latter prayed that he had not filed any nomination papers and expressed astonishment over NTC objection.
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