SHC allows PTI’s former MNA Alamgir Khan to contest polls

The Sindh High Court (SHC) on Wednesday allowed a petition filed by the Pakistan Tehreek-e-Insaf (PTI) leader and former MNA Muhammad Alamgir Khan against the rejection of his nomination papers by the returning officer (RO) for the National Assembly constituency NA-236 Karachi East.

The former MNA had challenged the rejection of his nomination papers by the RO and the subsequent dismissal of his appeal by the election tribunal. His counsel submitted that the RO had dismissed his nomination papers over failure to attach the Federal Board of Revenue (FBR) documents, however, he had filed the income tax returns. The counsel submitted that the FBR documents were not a requirement to run for the elections.

He submitted that the RO and election tribunal failed to consider political ordeal of the petitioner and the documentary evidence, which included Khan’s income tax returns. The high court was requested to set aside the RO and election tribunal order and allow Khan to contest the general elections.

A division bench of the SHC headed by Chief Justice Aqeel Ahmed Abbasi after hearing the arguments of the counsel and others, for reason to be recorded later on, allowed the petitioner to contest the elections and directed the RO to accept his nomination papers.

The high court also dismissed petitions against acceptance of nomination papers of PTI candidates Awab Alvi, Khurrum Sher Zaman and Firdous Shamim Naqvi. Petitioner Dost Ali had challenged the nomination papers of Alvi, who is the son of President Arif Alvi, Zaman and Muzamil Aslam from NA-241 Karachi South while another petitioner Hassan Sabir had challenged the nomination papers of Naqvi from NA-236 Karachi East.

The court questioned the maintainability of the petitions and dismissed the petitions. The SHC also allowed petitions of another PTI candidate against the rejection of his nomination papers from NA-230 and NA-231 Karachi Malir and directed the ROs to accept his nomination papers for the forthcoming polls.

The petitioner, Mansoor Ali, had challenged the rejection of his nomination papers from NA-230 and NA-231. His counsel submitted that the RO had rejected the nomination papers of the petitioner on ground that a sum of Rs672,500 was outstanding against the petitioner as income tax.

He submitted that the petitioner had paid the amount and produced a no demand certificate from the FBR but it was not accepted by the RO.

The high court observed that the material relied upon by the ROs for rejecting the petitioner’s nomination forms was hardly sufficient to disenfranchise him. The SHC observed that it could not be said that the petitioner had deliberately suppressed his tax liability, and allowed his petition by directing the ROs to accept his nomination papers.

Plea against Sharjeel

Meanwhile, an election tribunal dismissed the appeal against acceptance of nomination papers filed by Pakistan Peoples Party (PPP) leader and former Sindh information minister Sharjeel Inam Memon from PS-61 Hyderabad after the appellant withdrew the appeal.

The appellant, Anwar Ali, had called into question the order of the RO with regard to acceptance of the nomination papers of Memon. However, the counsel for the appellant told the tribunal that under instructions of his client, he wanted to withdraw the appeal on the premise that he had no more any grievance against the acceptance of the nomination papers of the PPP leader.

The tribunal headed by Justice Adnanul Karim Memon observed that since the appellant/objector had no further grievance against the acceptance of the nomination papers of the respondent, the appeal stood dismissed as not pressed.