LAHORE: An election tribunal of the Lahore High Court on Thursday reserved verdict on the maintainability of an election petition challenging victory of Prime Minister Imran Khan in July 25 general elections from NA-95, Mianwali.

Abdul Wahab of the Pakistan Justice & Democratic Party, a defeated candidate from NA-95, had challenged the election of Mr Khan, accusing him of concealing mandatory details, mainly about his children, in the nomination papers.

On Thursday, counsel for the petitioner and Mr Khan concluded their arguments on the point of maintainability before the tribunal comprising Justice Shahid Waheed reserved the judgement.

Objecting to the maintainability of the election petition, Advocate Babar Awan argued on behalf of Mr Khan that many legal formalities were not followed before filing the petition. He said the petition should be dismissed for being time barred as it was filed after the stipulated time limit of 45 days after the announcement of election result.

Moreover, he said the affidavits attached with the petition were attested by an oath commissioner of Islamabad, instead of some one from Lahore.

The counsel further argued that Imran Khan furnished complete details of his and his dependents’ properties in the nomination papers. He urged the tribunal to dismiss the petition for being not maintainable.

Responding to the objections raised by Mr Khan’s counsel, the petitioner’s counsel Mobeenuddin Qazi contended that the petitioner was a lawyer of Supreme Court based in Islamabad and head office of his party was also registered in the federal capital. Therefore, he said, the objection to the oath commissioner of Islamabad had no value in the eye of law.

He further said the petition was filed well within the 45-day time limit. He pointed out that the time limit started from the day of issuance of gazette notification of the election results by the ECP, which, he said, was issued on Aug 28.

Advocate Qazi argued that the Supreme Court had ruled on a number of occasions that the technicalities should not be given preference on the merits of a case. However, he said the Election Rules 2017 provided for seven-day time to remove technical shortcomings, if any, in the petition.

In his election petition, Abdul Wahab submitted that under section 60(2)(d) of Election Act, 2017 a candidate had to furnish a statement of his assets and liabilities and of his spouse and dependent children. However, he said, Mr Khan failed to disclose details of properties owned by his wife, two sons and ‘daughter’ Tyrian Jade Khan White.

The petitioner stated that the respondent had not made truthful declaration in his nomination papers as well as in the affidavit to the effect that Tyrian Jade Khan White was his daughter.

He said the respondent stood disqualified under Article 62(1)(d), (e) and (f) and Article 63(1) (o) & (p) of the Constitution. He urged the tribunal that the election of Mr Khan as returned candidate be declared as void and the nomination of the respondent was also invalid.

He further asked the tribunal to de-notify the respondent as a member of the National Assembly and declare the seat as vacant, besides issuing directions to the ECP for initiating appropriate proceedings against him.

Published in Dawn, November 9th, 2018