An election appellate tribunal comprising a judge of the Lahore High Court on Wednesday allowed Pakistan Tehreek-e-Insaf Chairman Imran Khan to contest by-polls from NA-108 and NA-118 constituencies.
The tribunal set aside a decision of the returning officer and allowed Imran Khan to contest from NA-108, after accepting his nomination papers. The tribunal also dismissed an appeal against acceptance of Imran Khan’s nomination papers from NA-118.
The tribunal comprising Justice Shahid Waheed heard the appeal, filed by Dr Shezra Mansab Kharal, a candidate of the Pakistan Muslim League-Nawaz from the NA-118 constituency, against acceptance of PTI chief’s nomination papers for by-polls, and Imran Khan’s appeal against rejection of his nomination papers for by-polls in NA-108.
During the proceedings, Barrister Ali Zafar, on behalf of Imran Khan, appeared before the tribunal and argued that the returning officer rejected nomination papers of his client from NA-108 illegally. His nomination papers were accepted in eight other constituencies for the by-polls, and the same details were provided in the other constituencies, he added. He pleaded with the court to set aside the decision of the returning officer and allow his client to contest from NA-108 constituency.
The counsel for Dr Shezra Mansab argued that the returning officer had accepted nomination papers of the PTI chief from NA-118 constituency despite the fact that the papers were not attested by an oath commissioner, as required by the law.
However, the tribunal observed that the Supreme Court had already declared that nomination papers could not be rejected if those were not attested by the oath commissioner. It is such a shortcoming which could be corrected, it added.
The counsel contended that the shortcoming could not be corrected, adding that Imran Khan did not mention gifts received from Tosha Khana in the FBR returns. He submitted that the gifts received in 2021 were mentioned in the returns whereas no details of gifts were provided in the returns, filed in 2019 and 2020.
The tribunal observed that there was a possibility that no costly items were received from Tosha Khana in that period.
The counsel further submitted that Imran Khan mentioned only four assets of his wife, whereas items received from Tosha Khana were not mentioned.
Justice Shahid Waheed questioned whether the tribunal was assigned to investigate the matter.
The counsel replied, “We did not want an inquiry into the matter”, adding that the amount should be mentioned in the account of Imran Khan’s wife if the gifts received from Tosha Khan were sold out.
The tribunal observed that the gifts might have been donated. It was not necessary to show them in the nomination papers, in this scenario, it added.
Subsequently, the tribunal, after hearing detailed arguments of the parties, dismissed the appeal against acceptance of Imran Khan’s nomination papers from NA-118 and also allowed him to contest by-polls from NA-108 after setting aside the decision of the returning officer.
Earlier, an appellate tribunal of the Election Commission of Pakistan (ECP) has rejected an appeal filed against the acceptance of the nomination papers of Pakistan Tehreek-i-Insaf (PTI) chairman Imran Khan for by-election in NA-118 (Nankana Sahib-II) on Wednesday.
The appellate tribunal has rejected the appeal filed against the acceptance of Khan’s nomination papers for the seat and directed the petitioner to file an election petition.
A single-member bench headed by Justice Shahid Waheed heard the petition filed by Shezra Mansab Kharal, a candidate of the Pakistan Muslim League-Nawaz from the constituency.
During the hearing, the election commission presented the record of Imran Khan’s nomination papers before the court. The petitioner’s counsel Mansoor Awan also appeared before the court.
Justice Shahid Waheed noted that all the allegations levelled against the nomination papers were related to the election petition. “The jurisdiction of the Election Tribunal is limited”, he said, asking the petitioner to present such an objection on which the tribunal can use its authority.
The judge further said that the nomination papers cannot be rejected on the basis of incomplete information.
On August 5, Khan had announced to contest by-polls from all nine seats, vacated after the NA speaker accepted PTI MNAs’ resignation.
According to the ECP schedule, the by-polls on the nine National Assembly seats would be contested on September 25.
The PTI chief had announced to contest elections from all nine constituencies himself. Elections would be held this year, government parties want to single him out, he had said.
Earlier, the government had accepted the resignations of 11 PTI MNAs including Shireen Mazari, Ali Muhammad Khan, Ijaz Shah, Farrukh Habib, Shandana Gulzar, Fazal Muhammad, Fakhar Zaman, Abdul Shakoor Shad, Jameel Ahmed and Akram Cheema.
