Voicing concerns: Voter looks to court for Murad Saeed’s disqualification
Petition filed in PHC states the MNA gave false declaration at time of filing nomination papers.
PHOTO: EXPRESS
PESHAWAR:
A voter from PTI MNA Murad Saeed’s constituency, NA-29, Swat-I, has filed a petition in Peshawar High Court seeking the disqualification of the parliamentarian for not being qualified under the law.
Haider Ali Shah, a resident of Kuza Bandai in Kabal tehsil, filed petition through his counsel Syed Haziq Ali Shah on Tuesday and made MNA Murad Saeed, chief election commissioner of Pakistan as well as the University of Peshawar registrar and exams controller respondents.
Under Section 12 (2) of Representation of People Act 1976, every nomination paper shall accompany a declaration that the candidate fulfils the qualification specified in Article 62 of the Constitution, states the petition.
The petition adds the candidate, his spouse or any of the dependents of a business mainly owned by him (the candidate) should not be defaulting in the payment of government dues or utility charges of more than Rs10,000 for over six months at the time of filing of papers. These utility charges include telephone, electricity, gas and water charges.
Government dues have been further defined in the explanation of Section 12 (iv) as rent charges of rest houses or lodges owned by the federal, provincial, local governments or corporations controlled by such governments.
The petition reads Saeed was a resident of room no 19, B-block, New hostel when he was an undergraduate student of Environmental Science at UoP and was a defaulter of hostel dues of an amount of Rs19,680 in 2007-2009 as well as till the time he filed his nomination papers.
Academic rules
The petition further states that at the time of filing the papers, Saeed mentioned he had a BS degree in Environmental Sciences which is a wrong statement because he did not appear in the midterm and final term examination of two courses – Introduction to Environmental Sciences, and Remote Sensing and Ecology.
Moreover, citing the rules of UoP, the petition states a student who fails to complete his course and does not clear his papers within three years has to sit for all the exams again. Saeed has no legal backing to appear for the remaining papers after a lapse of three years, the petition adds.
“Saeed did not only give a false declaration under the law but also exposed himself to disqualification as envisaged under Section 99 of the RPA, 1976.”
Petitioner’s request
Saeed has been requested to show under what authority of law he holds office as an MNA. The petition has also requested the court to declare the notification of Saeed as an elected representative of NA-29 illegal, without lawful authority and void.
The court has also been requested to declare Saeed as disqualified from holding public office. For interim relief, the petitioner has requested that the notification of Saeed’s successful candidature be suspended till the court’s final decision in the case.
The arguments were presented before a two-judge bench of Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain. The bench then clubbed the petition with one filed by Saeed seeking the issuance of degree from UoP. Both the petitions are expected to be heard on April 30.
Published in The Express Tribune, April 29th, 2015.
A voter from PTI MNA Murad Saeed’s constituency, NA-29, Swat-I, has filed a petition in Peshawar High Court seeking the disqualification of the parliamentarian for not being qualified under the law.
Haider Ali Shah, a resident of Kuza Bandai in Kabal tehsil, filed petition through his counsel Syed Haziq Ali Shah on Tuesday and made MNA Murad Saeed, chief election commissioner of Pakistan as well as the University of Peshawar registrar and exams controller respondents.
Under Section 12 (2) of Representation of People Act 1976, every nomination paper shall accompany a declaration that the candidate fulfils the qualification specified in Article 62 of the Constitution, states the petition.
The petition adds the candidate, his spouse or any of the dependents of a business mainly owned by him (the candidate) should not be defaulting in the payment of government dues or utility charges of more than Rs10,000 for over six months at the time of filing of papers. These utility charges include telephone, electricity, gas and water charges.
Government dues have been further defined in the explanation of Section 12 (iv) as rent charges of rest houses or lodges owned by the federal, provincial, local governments or corporations controlled by such governments.
The petition reads Saeed was a resident of room no 19, B-block, New hostel when he was an undergraduate student of Environmental Science at UoP and was a defaulter of hostel dues of an amount of Rs19,680 in 2007-2009 as well as till the time he filed his nomination papers.
Academic rules
The petition further states that at the time of filing the papers, Saeed mentioned he had a BS degree in Environmental Sciences which is a wrong statement because he did not appear in the midterm and final term examination of two courses – Introduction to Environmental Sciences, and Remote Sensing and Ecology.
Moreover, citing the rules of UoP, the petition states a student who fails to complete his course and does not clear his papers within three years has to sit for all the exams again. Saeed has no legal backing to appear for the remaining papers after a lapse of three years, the petition adds.
“Saeed did not only give a false declaration under the law but also exposed himself to disqualification as envisaged under Section 99 of the RPA, 1976.”
Petitioner’s request
Saeed has been requested to show under what authority of law he holds office as an MNA. The petition has also requested the court to declare the notification of Saeed as an elected representative of NA-29 illegal, without lawful authority and void.
The court has also been requested to declare Saeed as disqualified from holding public office. For interim relief, the petitioner has requested that the notification of Saeed’s successful candidature be suspended till the court’s final decision in the case.
The arguments were presented before a two-judge bench of Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain. The bench then clubbed the petition with one filed by Saeed seeking the issuance of degree from UoP. Both the petitions are expected to be heard on April 30.
Published in The Express Tribune, April 29th, 2015.