KARACHI, Dec 12: The candidature of several prominent candidates still hangs in the balance as the election tribunals hear their hotly-contested cases from day to day.

A number of election appeals were disposed of by the two tribunals comprising Justices Nadeem Azhar Siddiqui and Rana M. Shamim, and Khwaja Naveed Ahmed and Khalid Ali Z. Qazi.

Among the cases adjourned or reserved for order by the tribunals were appeals by Shujaat Ali Shah, a voter, against Dr Fahmida Mirza and Dr Zulfiqar Mirza for NA-225 (Badin-II) and PS-57 (Badin-II). The Mirzas have also challenged the candidature of Syed Ali Bakhsh Shah alias Pappu Shah and Mrs Yasmin Shah for the same constituencies. The appeals against the Mirzas allege that they stood disqualified since they defaulted on bank loans as directors of Mirza Sugar Mills while the appeals against the Shahs allege that they did not possess genuine graduation degrees.

The tribunal consisting of Justices Khwaja Naveed and Khalid Ali Qazi examined evidence and heard extensive arguments in the appeals. Three bank officials appeared on Wednesday and produced documents showing default by the sugar mill. The lawyers representing Dr Fahmida and Dr Zulfiqar contested the allegation and argued that even if there was a default, the defaulting concern’s directors were not liable for it in view of their limited liability.

The lawyers representing the couple’s opponents argued that both the candidates were liable as they were not only directors but also majority shareholders and chief and deputy chief executives of the defaulting concern. A university official, meanwhile, verified that the degrees held by Ali Bakhsh Shah and Yasmin Shah were authentic but the appellants’ lawyers called for the production of the secondary board record to ascertain whether the degrees were genuine.

Among the lawyers appearing in the appeals are Anwar Mansoor Khan, Ali Ahmed Junejo, Mohammad Ashraf Kazi, Sofia Saeed Shah, Muin Azhar Siddiqui and S. M. Iqbal. The hearing was adjourned to Dec 14, the last day of adjudication of election appeals.

Advocate Farooq H. Naek, meanwhile, produced a Supreme Court order allowing an appeal by Pir Mazharul Haq, a candidate for PS-74 (Dadu), against his conviction by an accountability court. He said the pendency of appeal was sufficient to qualify the candidate but its acceptance should leave no doubt about his eligibility. Besides, the National Reconciliation Ordinance has quashed the pending cases.

Contesting the claim, advocate Abdul Wahab Baloch submitted that it was an admitted fact that Pir Mazhar was convicted under the Ehtesab (accountability) Ordinance and his papers were rejected in the 2002 general elections for that reason. He was a convict on the date of the filing of his nomination papers on Nov 26 and was not qualified under the law. The Supreme Court order of Dec 10 could not operate retrospectively to render him eligible. The tribunal reserved its order after hearing the two lawyers and Deputy Attorney-General Rizwan Ahmed Siddiqui and Assistant Advocate-General Agha Zaffir Ali.

The candidature of Ghulam Murtaza Khan Jatoi has been challenged by his rival, Zulfiqar Baihan, for his being a non-graduate.

Appearing for Mr Jatoi, Advocate Raza Hashmi submitted that the candidate first obtained a degree from a madressah and then appeared in certain compulsory papers to earn a degree from the Sindh University, Jamshoro, though the madressah certificate was equivalent to a bachelor’s degree. He also did his Master’s from the university and the question of his being a non-graduate did not arise.

Representing the appellant, advocate Adnan Karim stated that the degrees produced by Mr Jatoi were fake. He referred to a 2002 SHC judgment in a petition challenging the rejection of his nomination papers and contended that there was no change and Mr Jatoi remained ineligible.

The tribunal comprising Justices Nadeem Azhar and Rana Shamim asked the Sindh University registrar to submit his report on the claim and counter-claim and adjourned further hearing.