Imran challenges rejection of nomination papers for Faisalabad by-poll

Rejection of nomination papers for NA-108 based on 'assumption', beyond jurisdiction of respondent RO, says petition

LAHORE:

Former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Saturday challenged the Returning Officer's (RO) order before election tribunal of the Lahore High Court, contending that RO rejected his nomination papers from NA-108 (Faisalabad) by "deviating his jurisdiction and violating the constitution".

Imran Khan, in his petition filed through advocate Anis Ali Hashmi, implored the tribunal saying it is astonishing that RO District Election Commissioner Faisalabad rejected his nomination papers on sole ground that the appellant has disclosed the value of the moveable assets but without furnishing details despite no objector had either raised objection on it or demanded such details.

"The items of furniture, fittings and items of personal use do not require the details of each specifically but the value of such articles of personal use. In no return filed under the Election Act 2017 do the returns mention the number of chairs, tables, beds, TV, perfumes, watches, rings, ties, clothes etc. owned by a person but rather the value thereof. The appellant has disclosed the value of the furniture, fittings and items of personal use in the statement of assets and liabilities submitted before the ECP in the gazette of Pakistan on March 12, 2019, March 26, 2020, and May 24, 2021, in the same manner by giving value without the specific items and the ECP has been accepting the same," said the petition.

Read more: Imran’s papers rejected from Faisalabad

He submitted that this is also the case in the tax returns of the appellant, adding that the RO has also not understood that the two challans of Rs29,14,500 and Rs1,93,000 although not required were nonetheless submitted by the appellant only to explain the increase in the value of personal assets between June 2021 and June 2022.

He contended that on one hand, the returning officer dismissed the objection that the candidate has concealed the items received by him from Toshakhana by holding that “with regard to the objection of Toshakhana items, the objector could not produce any certified documents” but rejected the nomination papers on an extraneous grounds that “the entry of precious items is dubious and if allowed may provide the candidate a floodgate to skip through scrutiny by the public about their assets”.

He said that the rejection of nomination papers on such an assumption is beyond the jurisdiction of the respondent returning officer.

Former PM contended that the objections raised were properly responded through a written reply to those objections. "All the objections raised by the respondents were baseless, fake and without any support or cogent evidence and authenticated documentation but surprisingly the nomination papers of the appellant were rejected by the respondent RO on the ground that has not been specifically agitating or raised by respondents Abid Sher Ali and Mian Muhammad Yousaf in their objection petitions."

He prayed to the court that the order passed by RO on August 17, 2022, be set aside and further the RO be directed to accept the appellant’s nomination papers for contesting a by-election in the said constituency.