SC upholds Kalsoom’s candidature

Dismissing PAT and PPP appeals, judge says public mandate should be respected

ISLAMABAD - The Supreme Court on Monday dismissed Pakistan Awami Tehreek and Pakistan People’s Party candidates’ appeals, challenging the Lahore High Court verdict regarding the nomination papers of Kalsoom Nawaz - who won NA-120 bye-election on Sunday.

While dismissing the petitions, Justice Qazi Faez Isa said: “The mandate of the people’s vote should be respected.”

According to unofficial results, Kalsoom Nawaz, the wife of former prime minister Nawaz Sharif, secured 61,254 votes.

Her main opponent and PTI candidate Yasmin Rashid bagged 47,066 votes while PPP candidate Faisal Mir secured only 1,414 votes.

The petitioners – Faisal Mir and PAT leader Ishtiaq Ahmed Chaudhry – had challenged the 2-1 majority decision of LHC, which on September 13 dismissed their petitions challenging Kalsoom’s nomination papers.

The petitioners had contended that Kalsoom Nawaz did not give full detail of her assets in the nomination papers. Mazhar Hussain, the lawyer of the PPP candidate, argued that Kalsoom Nawaz was deputy chairman of Capital FZE and was paid salary, but she did not provide its detail in her nomination papers. Justice Faez asked the counsel that “you have not appended any document in this regard”. The judge said: “The mandate of the people’s vote should be respected.”

Justice Gulzar Ahmed, who headed a three-member bench, said that it was a different question before a five-member bench that the former PM Sharif did not declare non-receivable salary in the nomination papers. Justice Gulzar Ahmed was part of the five-member bench, which disqualified the ex-PM in the Panama Papers case.

Justice Gulzar said, “in this case, there is no issue of salary, and even if it is, then where is its proof? He said that being the top court of the country, they are very careful especially in cases that come before them against orders of the lower courts.

Mazhar Hussain said, “this is a very important case and the court should hear it”. Justice Gulzar reminded him, “Counsel, you have not dealt with this case in a significant manner. You did not provide anything on whose basis we decide this case”.

Justice Faez Isa asked the PPP leader’s counsel, “you can’t go on a fishing expedition; tell us which asset has not been declared in the nomination papers; you are providing misleading facts to the court”.

Earlier, the court asked PAT candidate Ishtiaq’s counsel, “when you have withdrawn the nomination papers from contesting the bye-election in NA-120, then how could you file the objection against the winning candidate”. The PAT candidate withdrew his nomination papers on August 29.

Justice Faez Isa asked the PAT counsel Azhar Siddique to read section 14(5) of ROPA. The judge told him that he could not file a pre or post-election petition against Kalsoom Nawaz, adding, “the moment you withdrew the papers, you are out”. Justice Gulzar told Siddique that with the bye-election, the pre-election process ended.

The bench after hearing arguments dismissed both the appeals and directed them to approach the relevant forum for the redressal of their grievances.

The PAT leader’s counsel after the dismissal of the appeals told the media persons that he would challenge the victory of Kalsoom Nawaz in the LHC under 199 of the Constitution.

Justice Gulzar reminded him, “Counsel, you have not dealt with this case in a significant manner. You did not provide anything on whose basis we decide this case”.

Justice Faez Isa asked the PPP leader’s counsel, “you can’t go on a fishing expedition; tell us which asset has not been declared in the nomination papers; you are providing misleading facts to the court”.

Earlier, the court asked PAT candidate Ishtiaq’s counsel, “when you have withdrawn the nomination papers from contesting the bye-election in NA-120, then how could you file the objection against the winning candidate”. The PAT candidate withdrew his nomination papers on August 29.

Justice Faez Isa asked the PAT counsel Azhar Siddique to read section 14(5) of ROPA. The judge told him that he could not file a pre or post-election petition against Kalsoom Nawaz, adding, “the moment you withdrew the papers, you are out”. Justice Gulzar told Siddique that with the bye-election, the pre-election process ended.

The bench after hearing arguments dismissed both the appeals and directed them to approach the relevant forum for the redressal of their grievances.

The PAT leader’s counsel after the dismissal of the appeals told the media persons that he would challenge the victory of Kalsoom Nawaz in the LHC under 199 of the Constitution.

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