KARACHI, July 11: A Sindh High Court election tribunal on Friday adjourned the hearing of a petition challenging Chief Minister Ali Mohammed Khan Maher’s election to the provincial assembly from a Ghotki constituency on account of his being a non-graduate.
Contesting the petition, Advocate Rasheed Akhund submitted before Justice Ghulam Rabbani, who constituted the tribunal, that the law required the candidate to be a graduate at the time of filing his nomination papers. If he was qualified, it was of no consequence when the degree or certificate was issued or awarded.
Mr Maher was duly qualified on August 24, 2002, when he submitted his nomination papers. Whether a certificate was signed by a vice-chancellor or any other university authority had no bearing on his eligibility.
Mr Akhund also argued that in order to maintain an election petition, the petitioner’s case must stand on its own feet without relying on any weakness in the respondent’s case, However, any infirmity in the petitioner’s case would strengthen the respondent’s position. As in criminal cases, the benefit of the doubt would go to the returned candidate. The petitioner’s plea that he be declared elected was totally misplaced.
Representing petitioner Latif Shah, who contested the poll as a PPP candidate and obtained the second highest number of votes, Advocate Abdul Lateef Channa wanted to reopen his arguments to contest certain new points raised by the respondent’s counsel. Justice Ghulam Rabbani observed that there would be no end to the proceedings if rebuttals continued, and fixed July 15 for final hearing. Additional Advocate-General Ahmed Pirzada is assisting the tribunal.