ISLAMABAD, March 3: The Supreme Court on Monday referred an election challenge back to the chief justice for constitution of a new bench to hear it after some ‘unpleasant’ remarks were made during the hearing against a senior counsel.

A three-member bench comprising Justice Mohammad Nawaz Abbasi, Justice Mohammad Qaim Jan Khan and Justice Mohammad Farrukh Mahmud which had taken up the election challenge of Syed Asif Akhtar Hashmi, a PPP candidate from constituency NA-118 Lahore, referred the case back to the chief justice observing that unpleasant remarks were made against senior advocate Sharifuddin Pirzada and Attorney-General Malik Mohammad Qayyum.

On Friday last, the apex court had stayed the Election Commission from notifying PML-N’s Malik Mohammad Riaz as a successful candidate.

Malik Riaz had defeated the petitioner in the Feb 18 elections by securing 55,900 votes.

At the outset, Advocate Akram Sheikh representing the winning candidate requested the court to decide the matter on Monday as the case had an important bearing both on the PML-N as well as the members adding the court had granted the stay without hearing the other side despite the fact that his client had defeated the petitioner with a difference of over 31,000 votes.

When the court inquired about the importance of the case, the counsel said that president’s adviser Sharifuddin Pirzada was a close relative to the petitioner while the AG was representing Asif Hashmi as his private counsel.

Asif Hashmi had challenged the Feb 26 order of the Lahore High Court pleading that the Election Commission had accepted the nomination of his opponent (Malik Riaz) from NA-118 despite the fact that in his words he was not a graduate and, therefore, did not satisfy the basic eligibility to contest.

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