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The election of Ishaq Dar, former finance minister and leader of Pakistan Muslim League-Nawaz, as senator has been challenged in the Supreme Court. Muhammad Nawazish Ali Pirzada Friday filed a petition under Article 185(3) of Constitution and made Election Commission of Pakistan, Appellate Tribunal and returning officer Senate as the respondents. Lahore High Court on March 2 had allowed Dar to contest the elections for Senate.
Pirzada prayed that Election Commission of Pakistan be directed not to issue the notification of Dar's victory till final disposal of the case. The petitioner contended that he and other persons submitted nomination papers for the technocrat seat in Senate from Punjab. Nawazish Ali said the nomination papers of Dar were objected on various grounds. But the ex-finance minister was allowed to contest elections.
He said it was brought into the knowledge of the Appellate Tribunal that Dar had been declared absconder by the Accountability Court on 11-12-2017. He claimed that the tribunal illegally and against the law and contrary to the dictum laid down by the apex court dismissed the objections on the ground that the petitioner was not the objector to the nomination papers of the candidate at the time of scrutiny. Nawazish Ali said the Appellate Tribunal firstly did not take into account that primarily the petitioner in order to challenge the appeal of Ishaq Dar was not required to be objector to the nomination paper. Secondly, under section 113(3) of Election Act, 2017 provides ample jurisdiction which would entail disqualification of the candidate.
The petitioner contended that making false declaration in the nomination papers entails disqualification by rejecting the nomination papers, which the High Court has misconceived and misinterpreted the provision of Section 113 of Election Act. He said the Appellate Tribunal has erroneously observed that the petitioner is the third party and just an informer, whereas the petitioner was the contesting candidate for Senate Elections.

Copyright Business Recorder, 2018

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