Appeals against acceptance of Shehbaz, Ghani’s nomination papers dismissed

An election tribunal on Tuesday dismissed the appeals filed against the acceptance of the nomination papers of Pakistan Muslim League-Nawaz (PML-N) leader and former prime minister Shehbaz Sharif, and Pakistan Peoples Party (PPP) leader and former Sindh local government minster Saeed Ghani for national and provincial assemblies’ constituencies in Karachi.

Appellant Husnain Ali Chohan had challenged the acceptance of the nomination papers filed by Sharif for the National Assembly constituency NA-242 Keamari. Chohan’s counsel Farhan Sardar said that the returning officer had accepted Sharif’s nomination papers in a hasty manner and without considering the appellant’s objection.

Sardar said that the PML-N leader had made a misdeclaration and concealed material facts in his nomination papers, so he could not be considered as righteous, Ameen and honest under Article 62(1)(f) of the constitution.

He said that there were a number of criminal cases against the respondent, while he was also involved in mega corruption cases. If the respondent is allowed to contest next month’s general elections, the public will suffer, he added. The respondent’s counsel Khalid Javed sought the appeal’s dismissal.

After hearing the arguments of the counsels, the election tribunal headed by Justice Arshad Hussain Khan said that the appellant had not raised any objection before the RO at the time of scrutiny, adding that neither was anything filed in writing nor was any reference made to the objections in the impugned order.

The tribunal said that as far as the allegations with regard to the concealment of assets, misdeclaration and non-declaration are concerned, these involve a detailed factual inquiry, which is beyond the scope of the tribunal’s mandate.

The tribunal also said that it is a settled principle that merely the registration of cases or pending criminal cases does not warrant rejection of nomination papers of a candidate. The tribunal dismissed the appeal, thus upholding the RO’s order to accept Sharif’s nomination papers.

The election tribunal also dismissed the appeal against the acceptance of the nomination papers of Ghani for PS-105 East. Appellant Mohammad Arsalan Khan said the PPP leader had concealed the actual facts in his nomination papers and, with mala fide intention, provided wrong data about his agricultural properties and vehicles.

The Election Commission of Pakistan’s (ECP) representative said the RO had scrutinised the nomination form in detail and accepted the nomination papers. He said that despite having an opportunity, the appellant had failed to file objections before the RO within the allowed time, and had instead filed an appeal before the election tribunal.

The tribunal said that the appellant had not raised any objection before the RO at the time of scrutiny, while the allegations with regard to concealment of facts, misstatement, etc. involve a detailed factual inquiry, which is beyond the scope of the tribunal, and thus dismissed the appeal.

The election tribunal also issued notices to the ECP and an RO on the appeal against the acceptance of the nomination papers filed by PPP leader and former Sindh information minster Sharjeel Inam Memon for PS-61 Hyderabad.

The appellant said that the respondent had concealed details of his assets and properties in the nomination form, and sought the rejection of Memon’s nomination papers.