PESHAWAR, March 29: A two-member Peshawar High Court bench has disposed of a petition against the alleged use of money and other irregularities during the recent Senate elections on seats reserved for the Federally Administered Tribal Areas, asking the petitioner to take up the matter with the Election Commission.

The bench headed by Chief Justice Dost Mohammad Khan observed here the other day that the petition was filed before the Senate elections and had become infructuous as the electoral exercise had already been done.

It also said it couldn’t make a decision about the points raised by the petitioner as they didn’t fall in its constitutional jurisdiction and therefore, the petitioner should approach EC through an election petition.

The petition was filed by a notable from Khyber Agency, Mohammad Hussain Afridi, whose nomination papers for the Senate elections were turned down by the returning officer as none of Fata MNAs, who make the Electoral College for reserved seats, had proposed or seconded him.

He accused Fata MNAs of nepotism, saying they had decided that only their close relatives, including brothers and nephews, would become Senators.

Hashim Raza, lawyer for the petitioner, said under Article 59 of the Constitution, the Electoral College for the Senate seats reserved for Fata comprised all MNAs from the region but since one of the National Assembly constituencies from South Waziristan was vacant, the Electoral College was incomplete.

He further said two Fata MNAs possessed fake graduation degrees but their cases had been pending with the relevant authorities for decision for the last four years.

He also said several news reports had appeared in print and electronic media about blatant use of money in the Senate elections.

The petitioner’s lawyer said his client had moved the EC seeking its intervention in the matter but to no avail.

He said though responsible for conducting free and fair elections, EC failed to do the duty.

During the hearing, Chief Justice Dost Mohammad Khan said the Election Commission was not independent in Pakistan unlike India, where it was very powerful and free.

He also said the existing electoral system was not made for people from poor and middle class families and rather electoral laws were enacted for supporting affluent class.

The chief justice observed that most candidates used millions of rupees in elections and therefore, after becoming MNAs or Senators, their first priority was to recover that money with profit.