PESHAWAR, June 28: The Awami National Party (ANP) has finalised a constitutional petition to challenge the graduation condition in the Supreme Court.
The government made the graduation compulsory early this year for the candidates contesting the forthcoming general elections both for the National Assembly and provincial assemblies.
Dawn learnt that the petition would be filed within a day or two in Islamabad. But it is not clear whether it would be filed on behalf of ANP chief or any other party member who stands disqualified from contesting the elections after the imposition of the said condition.
Former senator and ANP legal expert Advocate Qazi Muhammad Anwer has drafted the petition in which the party believes that the graduation condition is violative of the Constitution.
The party will challenge the insertion of Section 8-A in the conduct of the General Elections Order 2002, which has introduced the condition of graduation for the candidates contesting future elections of parliament and provincial assemblies.
ANP sources told Dawn that initially the members were of the opinion that the Presidential Order should not be challenged as they were not optimistic about the role of SC in this regard.
They believed that if the order was challenged and decided in the favour of government, it would place a stamp of validity on the Presidential Order. But finally, the ANP decided that the government should not have been given free-hand on this issue.
The party states in the draft petition that the Supreme Court in its judgement in Zafar Ali Shah’s case has not empowered the president to make such drastic changes in the election laws and rules. The graduation condition also violates the principle of universal suffrage and adult franchise, the party believes.































