PESHAWAR: The Peshawar High Court on Wednesday sought replies from Senator Zeeshan Khanzada of the ruling Pakistan Tehreek-i-Insaf and the Election Commission of Pakistan (ECP) to a petition seeking his disqualification over the alleged concealment of a criminal case against him in his nomination papers filed early this year.

A bench consisting of Justice Lal Jan Khattak and Justice Musarrat Hilali issued notices to the ECP, provincial election commissioner (PEC) and Senator Khanzada asking them to respond to a petition filed by a resident of Mardan district, Abbas Khan, who claimed that Mr Khanzada was not ‘sadiq and ameen’ in terms of Article 62 of the Constitution for concealing important facts during his Senate elections.

Advocate Malik Shahbaz Khan appeared for the petitioner and contended that Mr Khanzada was charged in a case of kidnapping, whose FIR was registered on Feb 5, 2019, at the Rustam police station in Mardan under sections 365, 506 and 427 of Pakistan Penal Code.

He contended that the PEC was appointed as returning officer for the Senate polls in Khyber Pakhtunkhwa and the schedule of the elections was issued on Feb 11, 2021.

Petitioner claims Khanzada didn’t mention criminal case against him in nomination papers

The lawyer said Mr Khanzada had also filed nomination papers for the said polls and at the time of filing of papers the said criminal case had been pending against him.

He added that Mr Khanzada had concealed the pendency of the said criminal case against him and not mentioned it in the relevant column in the nomination papers.

The counsel, however, said that the returning officer had overlooked that misstatement and accepted his nomination papers and on the basis of that he was notified as a senator.

He contended that the qualities of sagacity, righteousness, honesty and trustworthiness were laid down in Article 62(1)(f) of the Constitution as qualification for membership of the Parliament. He added that a person devoid of these qualities was not qualified to become a member of the Parliament.

The lawyer requested the bench to declare that the respondent (Mr Khanzada) was not qualified on the day of elections to become a member of the Senate and declare his election as void.

He further prayed the court to direct the ECP to de-notify the returned candidate and conduct re-election on the said seat.

When the bench asked him in what capacity the petitioner had moved the court as he was not an aggrieved person, the counsel said the petitioner had brought certain facts to the knowledge of the court for asking the respondent under what authority he had been holding his office.

The bench also wondered why the petitioner had not moved the election tribunal set up by the ECP for hearing election disputes.

The counsel said only an aggrieved person could file an election petition before an election tribunal and as the petitioner was not a contesting candidate and therefore, he had no right to move the tribunal.

Published in Dawn, November 4th, 2021