LAHORE, June 23: The Election Tribunal headed by Justice Syed Zahid Husain of the Lahore High Court on Friday unseated ruling party MPA from PP-80 (Jhang) Imtiaz Ahmad Lali on the grounds that he was not eligible to contest the election because he had been sacked from the police department for misconduct.
The tribunal, while accepting an election petition, cancelled the notification of Mr Lali’s sucess and directed the Election Commission of Pakistan to make arrangement for by-elections in the PP-80 (Jhang).
The petition was filed by the runner up candidate, Ghulam Mohammad Lali of the PPP. He had taken plea that respondent Imtiaz Lali had been a sub-inspector in the Punjab police but was removed from the service on the grounds that he had not been attending his duty. He was charged with misconduct, found guilty of the offence in a departmental inquiry and dismissed from the service.
The petitioner had pleaded that the 1973 Constitution envisaged misconduct as a disqualification among other conditions, therefore the respondent was not eligible to contest the election. He had requested the tribunal to annul the notification of Imtiaz Lali’s success and declare him (petitioner) successful candidate from the said constituency.
The tribunal, however, did not grant his second request, observing that such an order would amount to depriving the electorate of their right to elect their representative.
The petitioner had raised the objection before the returning officer and the RO had rejected the nomination papers of Mr Imtiaz Lali. The district returning officer had also upheld the decision of the RO but Imtiaz Lali’s writ petition against the decision was allowed by the LHC and he was allowed to contest the election.
The petitioner filed an intra-court appeal in the LHC which was dismissed.
