ISLAMABAD - Pakistan Muslim League-Nawaz leader Khawaja Saad Rafique Thursday challenged in the Supreme Court the election tribunal verdict unseating him and ordering re-polling in NA-125.
Kh Saad stated that impugned judgment is tantamount to penalising him and the electorate of NA-125 for fault of others. The petitioner secured 123,416 votes, while Hamid Khan, the runner up, obtained 84,495 votes in the general elections 2013.
He filed an appeal against the tribunal under Section 67(3) of Representation of People’s Act 1976 and made 20 candidates, including PTI leader Hamid Khan, who had contested in NA-125 constituency in the general elections 2013.
The PML-N leader, filed the appeal through Khawaja Haris advocate, praying to the apex court to accept his appeal and set aside the impugned judgment of the tribunal.
The petitioner contended that the verdict unseating him and ordering re-polling in the entire constituency is ‘manifestly illegal, without lawful authority and liable to be set aside. He said the tribunal’s judgment is against law and fact of the case and is based on gross misconception of law and principles, warranting interference in the election matters and unseating an elected representative of people.
The judgment is violation of the established principles of law repeatedly laid down by the apex court with respect to the sanctity attached to the electoral process and the quality and quantum of evidence required for declaring an election void as a whole.
He said the judgment is based on conjectures and surmises and as such not tenable in the eye of law. The conclusion drawn that any such non-compliance has materially affected the result of the election lacks evidence.
The petitioner contended that the PTI leader miserably failed to prove the case as pleaded by him in the election petition. He said allowing Hamid Khan to place fresh affidavits during the pendency of the election, the election tribunal also misconstrued the law and grievously erred in excluding the applicability of the provisions of notification dated March 16, 1985, issued by the Election Commission of Pakistan.
ECP DE-NOTIFIES SAAD AS MNA
he Election Commission of Pakistan (ECP) on Thursday de-notified Minister for Railways Khawaja Saad Rafique as MNA and Mian Naseer Ahmed as MPA.
According to ECP, the two lawmakers stand disqualified as members National Assembly and Provincial Assembly pursuant to the judgment passed by Election Tribunal Faisalabad on May 4.
Although the ECP has issued de-notification of the two lawmakers, Khawaja Saad Rafique’s name still appears as Cabinet member and Federal Minister for Railways on website of National Assembly.
According to ECP, the two PML-N lawmakers are not members of the respective Assemblies from May 4th, the day the tribunal passed its judgment.
Saad Rafique is still fighting his case by challenging the tribunal’s verdict in the Supreme Court stating he will participate in the by-polls and contest elections from the constituency once again.