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LHC disposes of PM's plea for election petition dismissal

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  • Press Media of Communist Party of Pakist
    THE NATION, ISLAMABAD Saturday, October 14, 2006 LHC disposes of PM s plea for election petition dismissal SHAHID RAO RAWALPINDI - An Election Tribunal
    Message 1 of 1 , Oct 14, 2006
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      THE NATION, ISLAMABAD Saturday, October 14, 2006

      LHC disposes of PM's plea for election petition dismissal

      SHAHID RAO



      RAWALPINDI - An Election Tribunal headed by Mr. Justice Syed Zahid Hussain of Lahore High Court (LHC) Friday disposed of an application of Premier Shaukat Aziz seeking dismissal of election petition against him on technical grounds.



      The oppenent candidate of Premier Shaukat Aziz, Engineer Jameel Ahmad Malik, Chairman of the Communist Party of Pakistan filed this election petition on October 1, 2004 for his disqualification from the membership of National Assembly.



      Premier Shaukat Aziz submitted an application before the Election Tribunal seeking dismissal of this election petition against him on technical basis whereas Engineer Jameel in his written reply to that application requested the tribunal to decide the election petition purely on merit basis in the interest of justice.

      The petitioner is appearing in the court in person while Premier Shaukat Aziz is being represented by former Senate Chairman Barrister Wasim Sajjad, Barrister Ali Sajjad and advocate Idris Ashraf.

      Taking to The Nation, Engineer Jameel said that he is seeking disqualification of the premier for "illegal and corrupt practices which Aziz committed while contesting the election of the National Assembly from the constituency of NA-59, Attock -III."



      Engineer Jameel said that in his election petition, he argued that Shaukat Aziz had violated the articles 62 (f) and 63 (c and d) of the Constitution of Pakistan, 1973 and sections 42 (4), 49, 78 (5), 82, 83A, 99 (f) of the Representation of the People Act, 1976 and the rules 3, 4, 7, 10 and 21 of the Code of Conduct for Political Parties for contesting candidates of 2002.

      In his petition, he argued that the total amount of the expenses which was incurred by Shaukat Aziz during the bye-election was Rs. 28400000 where as the Premier had shown only Rs. 1079138 in his return of election expenses as submitted by him on August 19, 2004 to the Returning Officer of NA-59.



      He further contended that Shaukat Aziz had concealed an amount of Rs. 27320862 in his return of election expenses and this sole reason is even sufficient for his disqualification from the membership of the National Assembly as no one can spend more than one million and five thousand rupees under section 49 of the Representation of the People Act, 1976.



      The petitioner maintained that Shaukat Aziz is not an Ameen, sagacious, righteous and an honest person while he is an American but concealing his nationality due to fear of disqualification from the National Assembly.



      After hearing the arguments on both sides, the learned judge disposed of Premier application and ordered the both councils to frame the issues.



      Both the councils framed almost 18 issues during the proceedings and later Justice Syed Zahid Hussain adjourned the hearing till November 24, 2006.




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