Intra court appeal deferred

Published October 4, 2007

LAHORE, Oct 3: A division bench of the Lahore High Court on Wednesday deferred indefinitely an Intra Court Appeal (ICA), challenging amendments to the election rules notified by the Election Commission of Pakistan.

The bench, comprising Justice Muzammil Khan and Justice Shabbar Raza Rizvi, adjourned the hearing, observing that the LHC could not proceed because a similar matter was pending adjudication before the Supreme Court.

The ICA assails the order of a single judge, declaring non-maintainable the petition challenging amendments to the Presidential Election Rules 1988.

Petitioner Muhammad Azhar advocate had requested the court to declare the ECP notification illegal.

The amendments allowed Gen Musharraf to contest for the office of the president despite the fact that he held the post of the chief of army staff.

Earlier Justice M Bilal Khan had rejected the petition and said: “This notification and its ramifications, besides other related issues, are pending before a nine-member SC bench. In the given backdrop, this petition is not maintainable before this court and is accordingly dismissed in limine.”

“The approach of the judge was not precise. The matter before the judge did not include the qualifications or disqualifications of the incumbent president of Pakistan.

The single bench failed to adjudicate upon the issue and the matter raised before it during arguments and through written arguments,” the lawyer said while filing the ICA.

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