PESHAWAR, Nov 6: A two-member bench of the Peshawar High Court on Thursday admitted for hearing a writ petition, challenging the legitimacy of Muttahida Majlis-i-Amal’s Maulana Amanullah’s election as an MNA.
The petitioner, Haji Muhammad Nawaz, a voter from the constituency of NA-27 (Lakki Marwat) from where Maulana Amanullah was elected, contended that the certificate (Sanad) of Shahadat-e-Alamia Fil Uloom-e-Arabia wal Islamia, presented by the member of the National Assembly, was not equivalent to a graduation degree.
The bench, comprising the chief justice of the PHC, Justice Mian Shakirullah Jan, and Justice Dost Muhammad Khan, issued notices to the Election Commission of Pakistan, Maulana Amanullah and Anwer Saifullah Khan, PML-Q’s candidate, who had contested against Maulana Amanullah.
The petitioner, while contesting the equivalency of the Wafaqul Madaris’ Sanad, said that the elected MNA had not fulfilled the mandatory condition of holding a graduation degree under Section 8-A of the Conduct of General Election Order 2002 for contesting the general elections.
On June 30, an election tribunal of the high court had disqualified MMA’s MNA from Kohat, Mufti Ibrar Sultan, declaring his Sanad to be not equivalent to a graduation degree.
His appeal is still pending before the Supreme Court, which suspended the election tribunal’s judgment, allowing Mufti Ibrar to continue as an MNA till the final disposal of his appeal.
Another petition filed by a jurist, Aslam Khaki, challenging the Sanads of dozens of parliamentarians and MPAs, including Maulana Amanullah on the same ground, was also pending before the Supreme Court.
The lawyer, who appeared on behalf of the petitioner, contended that it was a quo warranto writ and the respondent, Maulana Amanullah, should be asked under what authority he was holding the office of MNA.
He pointed out that he had filed the instant writ petition much before the election petition of Iftikhar Gillani was decided against Mufti Ibrar Sultan.
Arguing that the respondent should be disqualified, he said that on the day of the filing of nomination papers, Maulana Amanullah was not qualified.
Mr Khan contended that it had already been pointed out that the Sanad possessed by the respondent, Mufti Ibrar, was considered to be equivalent of a graduation degree only for the purpose of teaching theology and not for any other purpose, including contesting elections.