KARACHI, Feb 20: A five-member bench of the Sindh High Court issued notices to the federation, the Election Commission and the National Accountability Bureau in an application moved by PPP Chairperson Benazir Bhutto in her petition asserting her eligibility to contest the National Assembly election.

The petition was filed through Advocate Kamaluddin Azfar in 2002 on the eve of the general election that year. The former premier wanted to contest from the NA-207 constituency and sought a direction to the election authorities to accept her nomination papers.

The application to amend the petition deals with developments occurring since October 2002.

One of the relief sought is a direction to the Election Commission to declare Ms Bhutto elected to the NA as her name appeared on top of the list of candidates for women’s seats from Sindh furnished by the PPP (Parliamentarians) to the EC.

The reconstituted bench seized of the petition consists of Chief Justice Sabihuddin Ahmed and Justices Ghulam Rabbani, Anwar Zaheer Jamali, Mushir Alam and Maqbool Baqar.

Citing Supreme Court judgments in the cases of Aftab Ahmed Khan Sherpao and Maqbool Ahmed Sheikh, Advocate Kamal Azfar argued that conviction under Section 31A of the NAB Ordinance did not incur disqualification from contesting polls or holding public offices.

The provision was subsequently declared void by the Supreme Court in October 2004 in the case of Gul Zaman Kasi. In any case, it could not be given retrospective effect.

The lawyer said the right of franchise vested in the petitioner to contest elections and represent the people. It also vested in the people to elect her as their representative.

The notices in the amendment application were issued for a date in office.