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May 17, 2008 Saturday Jamadi-ul-Awwal 11, 1429



PESHAWAR: Tribunal orders publication of ad in newspaper: MNA’s non-appearance in court



Bureau Report


PESHAWAR, May 16: An election tribunal of the Peshawar High Court on Friday ordered publication of an advertisement in a newspaper for the appearance of an MNA, Akhundzada Chittan, in connection with election petitions seeking his disqualification.

The tribunal presided over by Justice Ziauddin Khattak ordered that as the respondent-MNA had not been appearing before the tribunal despite repeated notices, therefore, advertisement should be published in a local newspaper for his appearance. The tribunal directed that the respondent-MNA should appear on May 30.

The tribunal was hearing two identical election petitions filed by the losing candidates, Shahabuddin Khan and Guldad Khan, requesting the tribunal to unseat Akhundzada Chittan, who got elected as MNA from NA-44, Bajaur Agency.

During last hearing the tribunal had directed that summons should be served on the MNA through the secretary of the National Assembly.

At the very outset of the proceedings the presiding officer was informed that notice was served through the secretary of the assembly, but the respondent had not appeared.

Both the petitioners claimed that Mr Chittan was not a graduate, a precondition for a candidate contesting general elections. They alleged that he had submitted a forged graduation degree with his nomination papers.

Mr Chittan had won the Feb 18 elections by securing 6,257 votes against 5,203 and 4,648 votes received by Mr Shahabuddin and Mr Guldad respectively.

Meanwhile, the tribunal directed the federal minister for environment, Hameedullah Jan Afridi, to file reply to an election petition filed by his rival candidate challenging his election as an MNA.

The tribunal presided over by Justice Ziauddin Khattak ordered that the reply should be furnished till May 23.

The tribunal was hearing an election petition filed by Saeed Afridi, rival candidate on NA-46, Khyber Agency constituency.

Advocate Muhammad Ijaz Khan appeared for the petitioner and contended that Mr Hameedullah was serving against the post of watchman at Government Primary School, Jan Khan village in Khyber Agency.

He added that till last year he had been receiving salary against the said post.

He stated that under the constitution a government servant could not contest general election unless two years had passed since he had left that job.







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