LAHORE/ RAWALPINDI: Former prime minister Imran Khan challenged in the election tribunals on Wednesday the rejection of his nomination papers from NA-122 (Lahore) and NA-89 (Mianwali).

Filed through Advocate Uzair Bhandari, the appeal of PTI’s founding chairman contended that the returning officer (RO) of NA-122 had dismissed the nomination papers of the appellant unlawfully and against the facts.

It said the RO erred by relying on a decision by an Islamabad sessions court regarding the conviction of the appellant in the Toshakhana gifts case filed by the Election Commission of Pakistan (ECP).

The appeal argued that the ECP was not a court and, therefore, the conviction in the Toshakhana case did not amount to disqualification under articles 62 and 63 of the Constitution. It said the sentence of the appellant had already been suspended by the Islamabad High Court.

Tribunal overturns ROs’ decision in NA-89, NA-90; ECP’s reply sought on PTI candidates’ appeals

Furthermore, it said the proposer and seconder of the appellant were voters of the same constituency, but the RO did not consider documentary evidence presented before him in this regard.

The appeal asked the tribunal to set aside the RO’s decision and accept the nomination papers of Imran Khan from NA-122 for the Feb 8 general elections.

The RO in his decision had stated that the judgement of the sessions court established the conviction of the respondent (Imran Khan) related to the offence of moral turpitude.

Separately, Imran Khan’s appeal filed in the Rawalpindi tribunal contended that RO Mohammad Kafaitullah of NA-89 had rejected nomination papers of the appellant after objectors Khuram Hameed Khan and Khalilur Rehman Khan pointed out his conviction in the Toshakhana gifts case and an outstanding amount of Rs3.68 million he had to pay to the Social Security Department him for being chairman of Namal University.

It said the department had never issued a notice to the university in this regard.

Citing the RO and two objectors as respondents, the appeal requested the election tribunal, headed by Justice Chaudhry Abdul Aziz of the Lahore High Court’s Rawalpindi bench, to set aside the RO’s rejection and allow Imran Khan to contest the election from NA-89.

The judge will hear the appeal on Thursday (today).

RO’s order overturned

In a related development, an election tribunal in Rawalpindi on Wednesday overturned the rejection of the nomination papers of PTI candidate Umair Khan Niazi from two constituencies of the National Assembly, observing that the ROs had rejected the papers on peripheral issues.

Mr Niazi challenged the rejection of his nomination papers from NA-89 and NA-90 (Mianwali) through his counsel.

Meanwhile, an election tribunal in Islamabad clubbed all the appeals against the rejection of nomination papers of PTI’s candidates and sought reply from the ECP by Friday.

The tribunal headed by Justice Arbab Mohammad Tahir, however, reserved the decision on the appeals of PTI leader Shuaib Shaheen against the rejection of nomination papers from Islamabad’s three constituencies — NA-46, NA-47 and NA-48.

Published in Dawn, January 4th, 2024