March 5, 2003	Wednesday	Muharram 1, 1424

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PESHAWAR, March 4: A two-member bench of the Peshawar High Court here on Tuesday dismissed three petitions challenging election of three tribal MNAs affiliated with the Muttahida Majlis-i-Amal.

The bench, comprising Justice Nasirul Mulk and Justice Tallat Qayyum Qureshi, observed that these petitions were not maintainable as election disputes could only be challenged before an election tribunal. The bench observed that the election of these MNAs had already been challenged before the election tribunals concerned.

The petitions were filed by Saeed Afridi, Malik Amjad and Shaukatullah Khan against the election of Maulana Khalilur Rehman from Khyber Agency, Maulana Naik Zaman from North Waziristan Agency and Maulana Mohammad Sadiq from Momand Agency, respectively.

Qazi Mohammad Anwer advocate appeared for the petitioners and argued that the three MNAs had contested election on the symbol of MMA.

He argued that before the general election, the Political Parties Order 2002 was promulgated, but that law was not extended to Fata. He said all the candidates in Fata had to contest in their independent capacity.

Mr Anwer contended that the three MNAs contested polls with the active support of the MMA. He argued that these MNAs had violated the Political Parties Order and election rules by contesting elections on the ticket and symbol of the MMA. He prayed to the court to declare the elections of the three MNAs null and void and declare the petitioners as elected MNAs from the three areas.

Essa Khan advocate appeared for the three MNAs and argued that they had not violated any law. He pointed out that the petitioners had also challenged the elections of the MNAs before the election tribunals concerned.

He maintained that the same points were already raised before the election tribunals. He said that these petitions were not maintainable and were liable to be dismissed.