SC sends Sarwar Khan's case to ET
- SC sends Sarwar Khan's case to ET (THE NATION Dated 27-9-2006)
ISLAMABAD - A three-judge bench of Supreme Court headed by Chief Justice Iftikhar Mohammed Chaudhry Tuesday remanded an appeal of Pakistan Communist Party to Election Tribunal, Punjab, which challenged Federal Minister Ghulam Sarwar Khan for contesting polls on a fake certificate.
The apex court had directed Punjab Election Tribunal to decide the plea of Engineer Jamil Malik, chief of Pakistan Communist Party that alleged that Ghulam Sarwar Khan contested elections for NA-53 while attaching a fake engineering diploma with his nomination papers.
The appellant is also pleading that the diploma certificate is not equivalent to graduation, a mandatory qualification for contesting the general elections in Pakistan since 2002.
Arguing his appeal in person, Jamil stated that Punjab Election Tribunal wrongly turned down his appeal on the ground that the documents attached with the same were not attested.
The appellant submitted that he had attached attested affidavit and other documents with his appeal when it was filed before Punjab Election Tribunal. All the attached documents were containing a stamp and signature of the oath commissioner, the appellant further submitted.
He further stated that the rejection of appeal by tribunal was not correct and the decision was liable to be set aside.
After hearing arguments, the three-member bench of apex court remanded the case to Punjab Election Tribunal with the direction to dispose the matter within eight weeks.
Besides the Chief Justice, other two learned members of the bench were Justice Abdul Hameed Dogar and Justice Saiyed Saeed Ashhad.
Engineer Jamil was one of the contenders against Ghulam Sarwar Khan in the general elections of 2002 from NA-53 (Wah-Taxila), Rawalpindi.
(DAWN INTERNET EDITION Dated 27-9-2006)
Tribunal told to entertain plea : Labour minister's qualification case
By Our Staff Reporter
ISLAMABAD, Sept 26: The Supreme Court on Tuesday asked an election tribunal to entertain and decide within eight weeks a disqualification plea against federal minister for labour, manpower and overseas Pakistanis Ghulam Sarwar Khan.
A three-member bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Abdul Hameed Dogar and Justice Saiyed Saeed Ashhad was hearing a petition filed by Engineer Jameel Malik, a rival candidate from NA-53, Taxila.
He had challenged the election of the minister to the National Assembly before an election tribunal on the ground that he possessed a bogus educational certificate. The tribunal, however, refused to entertain the petition stating that there was no attestation by the oath commissioner on his affidavits.
Mr Malik then approached the Supreme Court on March 6, 2004, seeking a directive against the judge of the tribunal to hear his petition on merit.
Appearing before the apex court in person, the petitioner argued that the election tribunal had wrongfully dismissed his petition as his affidavit was duly signed and attested by an oath commissioner.
After hearing the arguments, the bench allowed his appeal and issued directives to the tribunal.
(THE NEWS INTERNET EDITION Dated 27-9-2006)
Election Tribunal directed to entertain petition against minister
By Muhammad Qasim
ISLAMABAD: The Supreme Court of Pakistan Tuesday directed the Election Tribunal to entertain a disqualification petition against Federal Minister for Labour, Manpower and Overseas Pakistanis Malik Ghulam Sarwar.
A three-member bench of the apex court comprising Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry, Justice Abdul Hameed Dogar and Justice Saiyed Saeed Ashhad also directed the Election Tribunal to dispose of the case within eight weeks.
Malik Ghulam Sarwar's election to the National Assembly from the seat of NA-53 Taxila, Rawalpindi-IV, was challenged on the grounds that he allegedly had a bogus educational certificate.
A rival candidate on the same seat, Engineer Jamil Malik, had challenged Sarwar's election by filing a disqualification petition in the Election Tribunal, where it was not entertained on the reason that his petition had not been attested by the oath commissioner.
Engineer Jamil then filed a petition in the Supreme Court on March 6, 2004 against the decision of the Tribunal. He sought direction of the apex court to the judge of the Tribunal to maintain his petition on merit.
On Tuesday, Engineer Jamil appeared before the bench and argued that the Election Tribunal dismissed his petition wrongfully as his affidavit was duly signed and attested by the oath commissioner.
The bench after hearing the arguments, allowed his appeal and issued directives to the Election Tribunal to entertain his petition and dispose of the case within eight weeks.
(DAILY TIMES INTERNET EDITION Dated 27-9-2006)
Tribunal directed to hear petition against minister
By Mohammad Kamran
ISLAMABAD: A three-member bench of the Supreme Court (SC) on Tuesday directed a election tribunal (ET) to hear a disqualification petition filed against Malik Ghulam Sarwar, federal minister for labour manpower and overseas Pakistanis, and dispose the case within eight weeks.
The ministers' election to the National Assembly from the seat of NA-53 Taxila, Rawalpindi-IV was challenged on the grounds that he had a bogus degree.
A rival candidate on the same seat, Jamil Malik, challenged the election of the minister by filing a disqualification petition in the ET. However, his petition was turned down for lacking attestation by the oath commissioner. Jamil Malik then filed a petition in the SC on March 6, 2004. He sought direction of the court to the ET judge to maintain his petition on merit. On Tuesday, he appeared before the bench and said that the ET wrongfully dismissed his petition, as his affidavit was duly signed and attested by the oath commissioner.
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