ISLAMABAD: A local court on Wednesday allowed Pakistan Muslim League-Nawaz nominee Raheela Magsi to contest Senate polls.
A two-judge bench of the Islamabad High Court, comprising Justice Athar Minallah and Justice Aamir Farooq, however, directed the Election Commission of Pakistan (ECP) not to issue the result till the matter was decided.
The court issued notices to the attorney-general, advocate-generals of provinces and the ECP to submit their replies and adjourned the hearing for two weeks. Magsi has filed an appeal against her disqualification by the ECP.
PPP nominee Nargis Malik has challenged Magsi’s candidature. She contended that since Magsi is not a resident of Islamabad, she is not illegible to contest election.
Magsi’s counsel Iftikhar Gilani argued that section 20 of Electoral Rolls Act regarding transfer of vote did not apply to Senate elections.
He argued that the law permitted a citizen to transfer his or her vote from one area to another but the ECP rejected the nomination papers of his client, which was illegal.
Justice Minallah observed that contesting Senate elections by transferring a vote was a constitutional fraud and the court couldn’t overlook it.
Aitzaz Ahsan, representing Malik, argued that Magsi’s vote was registered in Tando Allahyar and she got her vote transferred to Islamabad after the ECP announced the election schedule, which was illegal. Justice Minallah observed that while all political parties had been doing the same thing, why the ECP raised objections to the candidature of Magsi only.
Published in The Express Tribune, March 5th, 2015.
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