September 28, 2005	Wednesday	Sha'aban 23, 1426

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PESHAWAR, Sept 27: The Peshawar High Court on Tuesday admitted for full hearing a writ petition challenging candidature of former NWFP minister Ghaniur Rehman for the post of Hangu district nazim.

A two-member bench comprising Justice Shehzad Akber Khan and Justice Ijazul Hassan fixed Oct 4 for the next hearing of the petition filed by rival candidate Haji Khan Afzal.

The petitioner stated that the respondent, Ghaniur Rehman, had been convicted by an accountability court of corruption and the conviction was upheld by the Peshawar High Court.

The bench observed that the point raised by the petitioner needed consideration. The court issued notice to the respondents including Ghaniur Rehman and the Election Commission of Pakistan.

Ghaniur Rehman has thrice remained provincial irrigation minister during the tenure of Pir Sabir Shah, Aftab Ahmed Khan Sherpao and Sardar Mehtab Ahmad Khan as chief ministers.

Advocate Saeed Baig appeared for the petitioner and contended that Ghaniur Rehman was arrested on charges of possession of assets disproportionate to his known source of income by the National Accountability Bureau.

He stated that the accountability court on May 30, 2001, convicted him and sentenced him to eight-year rigorous imprisonment and fine of Rs20 million along with confiscation of his properties.

Mr Baig stated that the high court on June 26, 2002 dismissed his appeal and upheld his conviction. He added that his appeal was to the day pending before the Supreme Court and was granted bail on May 20, 2003.

He said that under the NAB Ordinance, 1999, Ghaniur Rehman stood disqualified from holding any public office for a period of ten years.

He contended that under section 152(1)(k) of the NWFP Local Government Ordinance, 2001, a person was qualified to contest polls if he had not been convicted on charge of corrupt practice involving moral turpitude or misuse of power or authority.

Mr Baig contended that the returning officer had dismissed the nomination papers of Ghaniur Rehman, but the district returning officer had accepted his appeal and restored his papers, which was illegal.

Meanwhile, the same bench issued pre-admission notice to respondents in a writ petition filed by Shafiqur Rehman, son of Ghaniur Rehman, against the candidature of Haji Khan Afzal.

The petitioner is also a candidate for the post of district nazim.

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