NA-237 by-polls: SHC allows Shirazi brothers to contest by-elections
Election tribunal had earlier disqualified the two candidates saying they were not ‘righteous’.
The larger bench, headed by Justice Munir Akhtar, suspended the order passed by the election tribunal, which had disqualified Syed Riaz Hussain Shah Shirazi and his brother, Syed Sarfaraz Hussain Shah Shirazi, from contesting the by-polls, saying they were not sagacious and righteous. PHOTO: EXPRESS/FILE
KARACHI:
The Shirazi brothers have been allowed to contest the upcoming by-elections from Thatta by the Sindh High Court, which found both candidates ‘sagacious and righteous’.
The larger bench, headed by Justice Munir Akhtar, suspended the order passed by the election tribunal, which had disqualified Syed Riaz Hussain Shah Shirazi and his brother, Syed Sarfaraz Hussain Shah Shirazi, from contesting the by-polls, saying they were not sagacious and righteous.
On July 27, the tribunal had suspended the acceptance of Shirazis’ nomination papers by a returning officer to contest the August 22 by-elections for NA-237 in Thatta. The tribunal had also allowed appeals filed by Pakistan Peoples Party’s Shamsun Nisa and Abdul Aziz Memon, who claimed that the Shirazi brothers had concealed facts regarding changes in their date of birth in documents, their assets and their alleged involvement in the encroachment on forest lands when they filed their nomination papers.
Faisal Kamal, the lawyer representing the Shirazis, argued that the returning officer had rightly rejected the objections filed by Abdul Aziz Memon under section 14(5) of the Representation of Peoples Act 1976, who himself was not contesting the by-elections, so he could not object to any candidate’s nomination under the specified section.
The lawyer further argued that Nisa had raised false objections against the Shirazis who had, in fact, challenged the candidature of her son, Sadiq Ali Memon, in the May 11 general elections. Memon had subsequently been disqualified from contesting the elections.
Kamal contended that the appellate tribunal had failed to note that these objections were meant to avenge the petitioners, thus it was liable to be set aside.
In the plea, the court was pleaded to suspend the operations of the disqualification order and declare the petitioners qualified to contest the elections.
On July 31, the two brothers had challenged the election tribunal’s decision before the SHC’s larger bench which had temporarily allowed them to contest the election.
Passing a short order, the larger bench allowed the Shirazis petitions to contest the election.
Published in The Express Tribune, August 15th, 2013.
The Shirazi brothers have been allowed to contest the upcoming by-elections from Thatta by the Sindh High Court, which found both candidates ‘sagacious and righteous’.
The larger bench, headed by Justice Munir Akhtar, suspended the order passed by the election tribunal, which had disqualified Syed Riaz Hussain Shah Shirazi and his brother, Syed Sarfaraz Hussain Shah Shirazi, from contesting the by-polls, saying they were not sagacious and righteous.
On July 27, the tribunal had suspended the acceptance of Shirazis’ nomination papers by a returning officer to contest the August 22 by-elections for NA-237 in Thatta. The tribunal had also allowed appeals filed by Pakistan Peoples Party’s Shamsun Nisa and Abdul Aziz Memon, who claimed that the Shirazi brothers had concealed facts regarding changes in their date of birth in documents, their assets and their alleged involvement in the encroachment on forest lands when they filed their nomination papers.
Faisal Kamal, the lawyer representing the Shirazis, argued that the returning officer had rightly rejected the objections filed by Abdul Aziz Memon under section 14(5) of the Representation of Peoples Act 1976, who himself was not contesting the by-elections, so he could not object to any candidate’s nomination under the specified section.
The lawyer further argued that Nisa had raised false objections against the Shirazis who had, in fact, challenged the candidature of her son, Sadiq Ali Memon, in the May 11 general elections. Memon had subsequently been disqualified from contesting the elections.
Kamal contended that the appellate tribunal had failed to note that these objections were meant to avenge the petitioners, thus it was liable to be set aside.
In the plea, the court was pleaded to suspend the operations of the disqualification order and declare the petitioners qualified to contest the elections.
On July 31, the two brothers had challenged the election tribunal’s decision before the SHC’s larger bench which had temporarily allowed them to contest the election.
Passing a short order, the larger bench allowed the Shirazis petitions to contest the election.
Published in The Express Tribune, August 15th, 2013.