KARACHI - Sindh High Court on Wednesday dismissed a Constitutional petition challenging the eligibility of President Asif Ali Zardari, filed by Maulvi Iqbal Hyder. A Division Bench consisting Chief Justice Sarmad Jalal Usmany and Justice Zahid Ahmed dismissed the plea, by observing that the President enjoys Constitutional immunity. The court held that the Presidential election cannot be challenged in any court under Article-41(6) of the Constitution. The petitioner, who challenged the Chief Election Commissioners order on President Asif Ali Zardaris eligibility to contest Presidential election, pleaded to the court to declare President Zardari as ineligible as the NRO had lapsed making Zardaris election as null and void. Maulvi Iqbal submitted that NRO was effective when the nomination papers were filed, accordingly, the approval or rejection of the papers was not challenged, but, now the court has restored all the cases to October 5 position. Therefore, all the nomination papers should be rescrutinised in this perspective. However, the court clarified to the petitioner that the Presidential election cannot be challenged in any court under Article-41(6) of the Constitution. But, the petitioner responded that the Article is applicable on the post-election situation and he has raised the point of Zardaris eligibility in pre-election position. The court turned down his viewpoint and dismissed the petition. During the last hearing, SHC CJ had observed that on the basis of allegations, the Presidents eligibility could not be challenged. He had further gave the arguments that only the Parliament has the Constitutional powers to challenge the eligibility of the President, while the President has exemption to face the trial regarding any charges. The plaintiff submitted that before promulgation of NRO, besides corruption charges, there were seven criminal cases registered against Zardari. The petitioner sought the re-scrutiny of the nomination papers of President Zardari on the grounds that he was a beneficiary of the NRO and his papers had been accepted provisionally when the Ordinance was intact. He contended that after the SC judgement that the NRO had been annulled and all matters stand reopened, President Zardari does not enjoy immunity as being one of the beneficiaries of the NRO. He also prayed to the court to declare the order of the CEC in violation of the Constitution and the SCs judgement on NRO. It is mentioned here that earlier, the CEC had on March 1 dismissed his petition challenging President Zardaris eligibility, saying that the validity of nomination papers filed in 2008 for the office could not be allowed to be challenged in 2010 on the basis of 'flimsy, fake and fabricated grounds.