SC allows Fawad to contest election from NA-67

ISLAMABAD - The Supreme Court on Tuesday upheld the verdict of the Lahore High Court and allowed Pakistan Tehreek-e-Insaf spokesperson Fawad Chaudhry to contest elections from NA-67, Jhelum.

The top court also dismissed the petition of Pakistan Justice Democratic Party’s (PJDP) Syed Fakhar Haider, who had challenged the nomination papers of Chaudhry as well as the LHC decision of.  When a two-judge bench headed by Justice Sheikh Azmat Saeed and comprising Justice Ijazul Ahsan took up the petition for hearing, Haider contended that the LHC had not properly appreciated the proposition raised by the appellate tribune in its decision.

He contended that the Chaudhary had filed a false affidavit before the returning officer and intentionally concealed his travel history incurring an amount of Rs3.25 million but he did not mention it in his income tax returns.

He argued that Chaudhry while filing the nomination papers and the affidavit had mentioned that he was an advocate, whereas, he in his tax returns for the year 2015-2016 and 2017, he had mentioned himself as a salaried person, drawing an income from the Association of Persons (AOP).

The bench observed that the instant objections were not raised at the time of the filing of nomination papers.

The bench further observed that the objections were filed after the nomination papers were accepted.  After the hearing, the top court dismissed Haider’s petition.

In June, a tribunal headed by Justice Ibadur Rehman Lodhi had disqualified Chaudhry under Article 62(1) (f) of the Constitution on an appeal moved by Haider.

“A candidate is bound to file a declaration along with his nomination papers to the effect that he has opened an exclusive account with a scheduled bank for the purpose of election expenses. The respondent candidate (Fawad Chaudhry) has placed a certificate of Bank Alfalah but later the court came to know that the status account was dormant. No fresh account was opened in the requirement of the law rather the candidate had tried to deceive the scrutiny process by submitting a dormant account. Furthermore, the candidate has not provided the cost of his assets,” the tribunal had observed.

The tribunal’s order had further observed that the affidavit of Chaudhry mentioned his profession as an advocate of the Supreme Court and his income tax returns for the year 2017 exhibited his salary was Rs9,600,000.

The tribunal had observed that it was not mentioned by Chaudhry where from the said salary came.

 

 

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