‘Too late’: SC nixes appeal in nomination papers case

Three-member bench cites delay in approaching court as ballot papers have already been published

ISLAMABAD:

 

The Supreme Court on Wednesday dismissed an appeal challenging the rejection of nomination papers for a candidate from PP-244 Bahawalnagar constituency in the Punjab Assembly, citing the publication of the ballot papers.

A three-member bench, led by Justice Mansoor Ali Shah, heard the appeal filed by Malik Muzaffar Khan. The petitioner's counsel argued that the rejection of the nomination papers was illegal.

The court, however, declared that the petitioner had delayed approaching the Supreme Court for review. It noted that if the decision of the election tribunal had been challenged promptly, relief could have been granted.

Special Secretary of the Election Commission Zafar Iqbal informed the court that over 260 million ballot papers were printed for national and provincial constituencies. The large number of candidates necessitated the use of 2400 tons of paper for the ballot papers, with the printing process now concluded.

Interestingly, a day earlier, another three-member bench headed by Justice Muneeb Akhtar ordered the approval of nomination papers for Sardar Shehbaz Siyal from NA-144 Khanewal, directing the allocation of an election symbol. This decision contradicted the dismissal of the appeal regarding PP-244, citing the publication of ballot papers.

Read: Supreme Court clears path for election

In its order, the court rejected the Election Commission of Pakistan's (ECP) excuse regarding the publication of nomination papers, stating it was unacceptable.

Justice Muneeb Akhtar acknowledged the challenges faced by the ECP, but said that the court had to balance the difficulties of the electoral body with fundamental rights.

In a separate development, PTI leader and former minister Hammad Azhar withdrew his appeal against the rejection of nomination papers from NA-129 before the same bench.

Azhar's counsel informed the court that he did not wish to pursue the case. Justice Shah questioned the reference to Article 62 (i)-F in the high court's decision, stating that the verdict had clarified its applicability.

Hammad Azhar's counsel withdrew the appeal, and the former minister announced his decision to abstain from the upcoming general elections.

Meanwhile, PTI founder Imran Khan filed an appeal in the Supreme Court against the rejection of nomination papers from NA-89 and NA-122. However, the registrar's office raised objections and returned the appeal.