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Division bench of the Lahore High Court (LHC) on Tuesday extended the stay order against proceedings of two separate election petitions seeking disqualification of MNA Sardar Talib Nakai and Shahid Qayyum, an MPA from PP-181 Kasur.
The division bench comprised Justice Rustam Ali Malik and Justice M Muzzamal Khan of the Lahore High Court that refrained the election tribunal from proceedings on the said election petitions till further order.
Meanwhile, the court directed the petitioners Mr Nakai and Mr Qayyum to bring forth evidence in support of their stance challenging an order of the tribunal regarding maintainability of the election petitions against them.
Both the MPs have moved separate applications to the election tribunal in which they said that the movers of election petitions against them had not fulfilled the legal requirements when they attached uncertified copies of the documents. On this ground they challenged the maintainability of the election petitions but the election tribunal did not accept their pleas on this technical ground.
The MPs then moved the division bench of the LHC against the order of the tribunal and thus the proceedings on the election petition were stayed.
In their applications both the MPs elect have challenged an order of the election tribunal whereby it dismissed their pleas challenging maintainability of the Election tribunal comprising Justice Mian Hamid Farooq of the Lahore High Court framed issues against Talib Hussain Nakai, returned candidate from NA-147.
The petitioner Rana Hayat, loosing candidate against Mr Nakai from the NA-147 has challenged the qualification of the returned candidate saying he was defaulter of bank loans worth millions of rupees and the election commission illegally allowed him to contest the elections.
While the losing candidate Sheikh Alla-ud-din has challenged the educational qualification of Mr Qayyum and said that under the election rules he was not legible to contest the elections. Petitioner Sh. Alla-ud-Din had alleged that said MPA was in fact using the degree of his namesake therefore his membership of Punjab Assembly should be cancelled.

Copyright Pakistan Press International, 2004

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