KARACHI: Court notice to govt on election petitions
By Our Staff Reporter
KARACHI, Feb 6: A division bench of the Sindh High Court issued notices to the Election Commission and a federal government law officer for Friday on two writ petitions moved by as many Senate candidates from Sindh against their disqualification.
Petitioner Ayaz Malik filed his papers for a seat reserved for technocrats, whereas former provincial minister Hassan Ali Chahniyo wanted to contest for a general seat. Both produced degrees from foreign institutions. But their nominations were rejected by the returning officer for want of their degrees not recognized by the University Grants Commission of Pakistan. Their appeals against the RO’s orders were also dismissed by Justice M. Ashraf Leghari of the Sindh High Court in his capacity as a member of the Election Commission.
Appearing on behalf of the candidates before the bench, which consisted of Justice Mohammad Roshan Essani and Justice Musheer Alam, Advocates Raja Qureshi, Mushtaq Memon and Masooda Siraj submitted that section 8A of the Conduct of General Election Order 2002 created three categories in relation to academic qualifications, certificates and degrees, which the Election Commission failed to take into consideration while scrutinizing the petitioners’ nomination papers.
The first category consisted of candidates who possessed bachelor’s or master’s degrees in any discipline. The second comprised holders of degrees which are supported by equivalence certificates issued by the University Grants Commission. The third included other degree holders who were so declared by any law. Both the petitioners, the counsel maintained, fell in the first category and were fully eligible to contest the polls.
Arguing for Ayaz Malik, Advocate Raja Qureshi pointed out that he had not been accused of relying on a bogus degree to qualify for the electoral contest. The only “allegation” against him was that the Australian university that conferred the MBA degree on him was not duly accredited to the University Grants Commission. The absence of accreditation could not deprive him of his qualification, he argued, citing two full-bench judgments of the Sindh High Court.
PUBLICATION NOTICE: An election tribunal ordered service of notices on the respondents through publication when the petitioner complained that they were employing dilatory tactics by avoiding summons or delaying the appointment of counsel.
Syed Murad Ali Shah of the PML (Q) submitted, through Advocates K. M. Nadeem and Rizwan H. Nadeem, that the Senate elections were due to be held soon, but his PPP rival, Abdul Haq Bhurt, who was declared elected from PS-20 (Naushero Feroze-II), and other respondents were not answering summons.
He alleged that Mr Bhurt contested the poll with two names - Abdul Haq Bhurt and Dost Mohammad Bhurt - and ballots in favour of both were credited to his count. There were irregularities at several polling stations but if the 231 votes secured by him at one of them were added to his tally, he would come out a winner.
The error was apparent on the face of the record. He said he had been winning elections from the constituency since 1973 and his son carried the adjoining constituency even in the October polls.
Advocate Sajjad A. Shah filed power of attorney on behalf of Mr Bhurt on Thursday and sought adjournment. Justice Ghulam Rabbani of the Sindh High Court, who constituted the tribunal, granted the request, deferred the hearing to Feb 27 and ordered publication of notices in the meanwhile. He also directed that written statements and affidavits in evidence should also be filed by all the respondents by that date.
The tribunal issued notices for Feb 24 to the respondents on another election petition challenging the election of Syed Ejaz Ali Shah from NA-237 (Thatta).
