March, 17 2005	Thursday	06 Safar 1426

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ISLAMABAD, March 16: The Supreme Court has unseated nazim and naib nazim of Union Council, Ambar, Swabi district of NWFP and directed the Election Commission of Pakistan to hold fresh elections for both the offices. “The elections of Mohammad Saeed and Abdul Salam as nazim and naib nazim respectively are annulled and the Election Commission of Pakistan shall hold fresh elections in constituency Union Council Ambar, Swabi district,” a division bench ruled. The bench comprised Justice Sardar Muhammad Raza Khan and Justice Tassadduq Hussain Jillani.

The bench also converted the election petition of Mohammad Jamil into an appeal. Mr Jamil had challenged the October 17, 2002 orders of the Peshawar High Court.

He was elected nazim during the local bodies elections but later the election tribunal disqualified him on the petitions of Mohammad Saeed and Abdul Salam in which they stated that Mr Jamil had been convicted for deserting Pakistan Navy and that a perpetual warrant of arrest had been issued against him.

After his disqualification, both Mohammad Saeed and Abdul Salam were declared nazim and naib nazim for securing highest votes. Advocate Mohammad Ikram Chaudhry did not challenge the conviction of his client Mr Jamil but argued that since the disqualification of his client was not known to the constituents, therefore, fresh elections should be held in the constituency.

Authored by Justice Tassadduq Jillani, the Supreme Court order said at the time of filing the nomination papers, no objection was raised with regard to the disqualification of the petitioner either by the respondents or by any other candidate or even a voter. No evidence indicated that the disqualification was known to the general public. Even the respondents added this ground later by amending their election petition.

“This petition is converted into an appeal and the same is partly allowed, however, the impugned judgment in so far as it declared Mohammad Saeed and Abdul Salam as nazim and naib nazim is set aside,” the order said.