PESHAWAR, Jan 10: The Peshawar High Court on Thursday admitted for full hearing a petition filed by former Hangu District Nazim Ghaniur Rehman, challenging his disqualification and declaration of his rival as nazim by an election tribunal.
A two-member bench comprising Justice Raj Mohammad Khan and Justice Mussadiq Hussain Gillani put on notice the respondents, including the new district nazim Haji Khan Afzal and Election Commission of Pakistan, in an application filed by Mr Rehman asking the court to suspend the orders of the election tribunal till final disposal of the petition.
The election tribunal presided over by Kohat district and sessions judge Shahjehan Khan Akhundzada had on Jan 3 accepted a petition filed by Mr Afzal and disqualified Mr Rehman from holding the office of the district nazim.
The tribunal also declared Mr Afzal the new district nazim.
On Jan 5, the Chief Election Commissioner in line with the tribunal’s decision issued a notification whereby Mr Rehman was disqualified and Mr Afzal was declared the district nazim.The tribunal had ruled that the matriculation certificate produced by Mr Rehman belonged to another person with the same name belonging to the Karak district and not Hangu.
Mr Rehman requested the court to declare the tribunal’s judgment impugned and the subsequent notification of the Chief Election Commissioner as illegal and unconstitutional.
Mr Rehman himself appeared in the court and spoke in favour of his case owing to a boycott of lawyers.
He said the election tribunal had not addressed some basic questions in the election petition filed by his rival.
Mr Rehman said that Mr Afzal’s petition was not maintainable as it neither carried signatures nor was verified by Haji Khan Afzal.
He said that he had defeated Mr Afzal in the local government elections in 2005 by securing 112 votes against 98 votes obtained by him.
The unseated nazim said that his certificate was verified by the Board of Intermediate and Secondary Education, Peshawar.
He alleged that his rival candidate had forged the relevant school record.
He said that the person who his rival claimed was the original recipient of the controversial certificate had never appeared in any examination and was illiterate.
The respondents in the petition are Election Commission of Pakistan, Election Commission NWFP, Board of Intermediate and Secondary Education Peshawar, returning officer of Hangu, district returning officer, election tribunal and Haji Khan Afzal.































