Back in the house: PHC restores PTI lawmaker from NA-47

Court suspends decision of an election tribunal which declared his victory void.

PESHAWAR:

The Peshawar High Court (PHC) has restored the membership of Pakistan Tehreek-e-Insaf (PTI) lawmaker from NA-47, Qaiser Jamal Khan Afridi, and suspended the decision of an election tribunal which had declared his victory void.

The high court also issued notices to the tribunal members and other relevant officials. A two-member bench comprising PHC Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain heard the case on Thursday.

Qaiser’s lawyer, Akram Sheikh, had appealed against the tribunal’s decision and told the court his client was declared the winner during the May 2013 general elections, however, his rival candidates Abidur Rehman Afridi and Kamil Khan Sherani alleged rigging during the polls and approached the election tribunal.

Both candidates challenged the victory over ‘faulty’ ballot papers after which the tribunal ordered fresh elections for the seat and declared void the PTI candidate’s victory.

On May 5, in its short order, tribunal judge Yahya Zahid Gillani ordered the Election Commission of Pakistan to hold fresh elections on the seat. On May 15, the Supreme Court restored Qaiser as a member of the National Assembly and after adjourning the case, ordered the respondents to approach the high court.

The PHC bench said the tribunal’s decision to remove the lawmaker was not based on justice and in light of witnesses’ statements, restored the MNA’s membership till further orders. The bench also asked rival candidates to furnish their replies.

The frontier regions of Peshawar, Kohat, Bannu, DI Khan, Tank and Lakki Marwat form NA-47.

Published in The Express Tribune, June 20^th, 2014.