June 01, 2008	Sunday	Jamadi-ul-Awwal 26, 1429

LAHORE, May 31: An election tribunal of the Lahore High Court on Saturday failed to arrive at a consensus on the appeals challenging the participation of PML-N chief Nawaz Sharif and his younger brother Shahbaz Sharif in the forthcoming by-elections.

The tribunal comprising Justice Mohammad Akram Qureshi and Justice Hafiz Tariq Nasim evenly split over whether the two could run in the by-polls.

Despite a protest from the Sharifs’ counsel, A. Ausaf, the tribunal sent back the appeals to the Election Commission of Pakistan.

While Justice Qureshi accepted the appeals and declared the Sharifs disqualified for contesting the election, Justice Hafiz Tariq Nasim dismissed the appeals and upheld the decision of the returning officers, allowing the Sharifs to run in the election.

When the president pardoned Mian Nawaz Sharif and Mian Shahbaz Sharif under Article 45 of the Constitution, “then the matter being a past and closed chapter cannot be reopened,” wrote Justice Nasim in his verdict.

He also ruled that pardon includes exoneration contrary to the arguments appellants’ counsel made.

When Mr Ausaf pointed out that the tribunal could not send back the appeals to the commission, Justice Qureshi said the appeals had already been dispatched.

Some legal experts are of the view that the split decision by default allows the Sharifs to contest the by-poll.“Under section 14 (6) of the election law, if an election tribunal fails to decide an appeal within the stipulated period, the appeal shall be deemed to have been rejected,” Mr Sheikh told Dawn.

The schedule announced by the election commission for the by-polls puts May 31 as the last date for the disposal of appeals against candidatures.

Dr Mohammad Mohiuddin Qazi representing Noor Elahi, the appellant, said that the Chief Election Commissioner could send the appeals back to the tribunal after giving it more time to decide them.

“The election commissioner has powers under the Constitution to add another member to the tribunal to avoid a split decision.”