ISLAMABAD - The Supreme Court Monday dismissed a review petition of PTI leader Usman Dar, who had challenged the victory of Defence Minister Khwaja Asif from NA-110 Sialkot.
An election tribunal had dismissed the PTI leader’s petition on November 10, 2016. Khawaja Asif had won NA-110 seat with 92,803 votes, while PTI’s Dar could secure only 71,525 votes in general elections 2013.
After the election tribunal had turned down his appeal, Dar approached the Supreme Court.
The NA-110 was one of the four constituencies where the PTI had sought vote audit and re-polling. The other constituencies were NA-125 (Lahore), NA-122 (Lahore) and NA-154 (Lodhran).
A three-member bench headed by Chief Justice Mian Saqib Nisar heard the review petition. Dar’s counsel raised technical questions. The chief justice told him that the apex court in a judgment had clarified a difference between technicalities and the law.
He asked the PTI leader that “the election tribunal had provided him a full opportunity, but you did not appear before it”.
Disposing of the petition, the chief justice observed that presenting 10 witnesses was not enough to declare the polling engineered.
Justice Nisar said the people presented as witnesses could be either supporters or voters of the petitioner so they could not be declared impartial.
Justice Nisar also said that Dar failed to present himself before the election tribunal despite several summons. "He did not turn up before the tribunal even when he was fined. To be there for cross-questioning was a legal requisite," he added.
Khawaja Asif’s counsel Farooq H Naek said the petitioner failed to provide any evidence to Election Tribunal to prove rigging in the constituency.
The apex court in November last year dismissed the petition of the PTI candidate. Usman Dar filed a review appeal against Kh Asif. However, the apex court shot down the review petition as well endorsing Asif’s election as legislator.This news was published in The Nation newspaper. Read complete newspaper of 21-Mar-2017 here.