LAHORE: A two-member election tribunal comprising judges of the Lahore High Court on Monday dismissed appeals of opposition parties against the acceptance of the nomination papers of Pakistan Muslim League-Nawaz’s candidate Kulsoom Nawaz for by-election in the National Assembly constituency NA-120 (Lahore).

Two appeals were filed by two candidates of the Pakistan Tehreek-i-Insaf (PTI) — Dr Yasmin Rashid and Andleeb Abbas — and two others by Pakistan Peoples Party’s (PPP) candidate Faisal Mir and Advocate Ishtiaq Ahmad Chaudhry of the Pakistan Awami Tehreek (PAT).

Lawyers for the appellants failed to answer the questions mainly asked by the tribunal’s head, Justice Mamoon Rashid Sheikh, regarding the objections raised in the appeals.

The candidates of the opposition parties had filed the appeals on identical grounds, saying that the returning officer accepted the nomination papers of Ms Nawaz without addressing important questions regarding concealment of assets, default on wealth and agricultural income tax and agreement/salary for her UAE Iqama (work permit).

Tribunal reminds counsel that all candidates are equal before the law irrespective of their political standing

The counsel for the PPP argued that Ms Nawaz, in the nomination papers, showed herself as a housewife, but she was a shareholder of many companies.

However, he failed to satisfy the tribunal when asked whether having shares of a company attracted disqualification for a candidate.

The counsel opted to not press an argument against non-submission of income tax return details by the respondent for the year 2017 when the tribunal pointed out that the tax return forms for the stated period had not been issued so far.

The tribunal also rejected an argument of the counsel for exercising suo motu powers under Section 14 (5) (a) of the Representation of Peoples Act, 1976.

During the hearing, the tribunal reminded the counsel that all candidates were equal before the law irrespective of their political standing.

The counsel was unable to establish that the UAE Iqama submitted by Ms Nawaz with her nomination papers was equal to acquiring citizenship. The tribunal also noted that the Iqama annexed by the respondent candidate stood expired in 2015.

Hearing appeal of the PAT’s candidate, the tribunal rejected an argument that Ms Nawaz was not able to contest election on a ticket of the PML-N because its president, Nawaz Sharif, had been disqualified by the Supreme Court.

The PAT’s counsel/candidate, Advocate Chaudhry, also failed to furnish an attested copy of an FIR registered against Ms Nawaz during the regime of former president retired Gen Pervez Musharraf on treason charges. The tribunal turned down another argument against the acceptance of Ms Nawaz’s papers by the returning officer in her absence during the scrutiny process. The tribunal observed that the law did provide an option of representation through power of attorney.

PTI’s counsel Anees Hashmi argued that the undisclosed salary against the UAE Iqama of Ms Nawaz fell within the definition of assets. When asked by the tribunal, he conceded that the Federal Board of Revenue (FBR) did not put any objection to the tax return filed by the respondent.

Justice Sheikh wondered how the tribunal could exercise the jurisdiction of the FBR.

After hearing the arguments from all the appellants, the tribunal dismissed the appeals for being not maintainable.

Published in Dawn, August 22nd, 2017