Plea against PM�s election

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Plea against PM’s election dismissed on technicality

 An election tribunal of the Lahore High Court comprising Justice Syed Zahid Hussain on Friday dismissed on technical grounds a petition challenging election of Prime Minister Shaukat Aziz to the National Assembly from NA-59 Attock-III.

The judge held that the returned candidate, having won the election with the vote and support of electorate, should not be unnecessarily entangled in litigation and that his election should be challenged only on firm and sound footings.

Engineer Jamil Ahmad moved the petition and was himself pleading the case.

The judge observed that except for the petitioner, no affidavit had been filed with the petition - not even the person who claimed to have photographed/prepared the video of the polling. There were hundreds of press-clippings/photographs appended with the petition but no affidavit had been placed on record.

The judge held that it was one of the mandatory requirements of law, which had not been fulfilled. When assailing the election of the winning candidate, the petition must be drawn and filed as contemplated and prescribed by law.

The judge remarked that unless the defects in verification were rectified, the petition could not be tried. The judge observed that according to the procedure of the Election Commission of Pakistan, every election petition should be accompanied by all supporting documents and affidavits of the witnesses.

The judge observed that in such cases the petitioner should make available all witnesses whose affidavits were filed with the petition for cross-examination on the first date of hearing before the tribunal. The judge held that “If a petition lacks the essential legal requirements, it deserves to be buried instantly.”

The judge finally held that the petition should have been rejected on the threshold for non-compliance with the mandatory provisions of law.

The by-election to NA-59 (Attock-III) was held on August 18, 2004, and the petitioner was one of the contestants with seven others including Shaukat Aziz. The petitioner secured 113 votes whereas Shaukat Aziz secured 76,156 votes and was declared the returned candidate.

In his 300-page petition, Jamil had asked the court to disqualify Aziz on the grounds that he was an American national and contested the election in violation of the constitution.

Aziz was holding the office of finance minister when he contested the election in sheer violation of the disqualification notes prescribed by the Constitution of Pakistan, the petition said.

The petitioner alleged that the prime minister had also given wrong figures about his assets in Pakistan and abroad and spent more money on his campaign than prescribed by the election commissioner.

The petitioner contended that he had objected to Shaukat Aziz’s nomination on the grounds that he was not a Pakistani. Again on July 17, he had pleaded to the election authorities not to allot election symbol to Aziz but his plea was rejected.

The counsel for the prime minister, Wasim Sajjad, said that verification of the petition was not in conformity with the law. The petitioner had not stated that its contents were correct.

The verification becomes meaningless without affirmation, as the petitioner does not take responsibility for the allegations levelled against the prime minister, he contended.

He said that the petitioner had made serious allegations, which required verification. Likewise the allegation of concealment of assets was not verified.

He asserted that the defects and omissions were of a serious nature and the petition should be dismissed on these defects. The judge accepted the contention.

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