Against tribunal’s decision: Unseated lawmaker moves top court

ECP de-notifies Khawaja Saad Rafique as member of National Assembly

ISLAMABAD:

Khawaja Saad Rafique has gone to the Supreme Court against the decision of an election tribunal, which unseated the former railways minister from his National Assembly constituency in Lahore earlier this week.

The Pakistan Muslim League-Nawaz leader moved the apex court seeking cancellation of the tribunal’s order, as the election commission also delisted his name as a member of National Assembly on Thursday. The petition was filed by eminent lawyer Khawja Haris Ahmed.

Rafique’s victory from NA-125 was termed invalid by an election tribunal on May 4 after the panel found irregularities in the records of election material for the constituency. A re-poll was also ordered within 60 days of the verdict announcement. Unless the apex court issues an interim stay order or sets aside the tribunal’s decision, by-elections in the constituency will have to be held before July 4.

In his appeal before the Supreme Court, Rafique claimed the decision of the tribunal was based on “mere conjectures and surmises” instead of any material evidence.



He contended that his opponent, Hamid Khan of the Pakistan Tehreek-e-Insaf (PTI), failed to provide any evidence of the plaintiff’s collusion with the election staff and could not prove any illegalities during the two years of the tribunal’s proceedings.

Terming the conclusions drawn by the tribunal judge “not sustainable in the eye of law”, Rafique claimed that he and his electorates had been penalised for the fault of the returning officers (ROs) and the election staff, who failed to perform their duties efficiently.

NA-125 – located in the heart of the ruling PML-N’s bastion of Lahore – was one of the four constituencies where PTI had initially demanded a vote audit. The Imran Khan-led party has been celebrating the tribunal’s decision as “validation of its stance” that the 2013 elections had been massively rigged.

Not an MP anymore

Following the decision of the election tribunal led by a retired judge of the Lahore High Court, the Election Commission of Pakistan (ECP) also removed Rafique’s name from its list of National Assembly members.

The ECP is likely to announce the schedule for the NA-125 by-poll later this week or early next week.

Some political analysts see the decision as a major setback for the ruling party, as it comes at a time when a three-member judicial panel, headed by Chief Justice of Pakistan Nasir-ul-Mulk, is trying to determine the overall authenticity of the last general elections, which brought Premier Nawaz Sharif into power for the third time.

After the tribunal’s decision on NA-125, the ruling party has contemplated a two-pronged strategy – challenge the decision in the apex court and prepare for the by-polls at the same time. Rafique in his plea, drafted by Khawaja Haris Ahmed, has argued that the decision was based on forensic analysis of only seven select polling stations which were not enough to declare the whole election void.

He alleged that his opponent was allowed to file fresh affidavits a number of times during the course of the trial which was against a notification issued by the ECP back in 1985 in such cases.

The PML-N leader also claimed the tribunal’s findings were vague and not based on evidence. The existence of an election cell in the office of the district returning officer was also presumptive, he stated.

The ECP is likely to announce the schedule for the NA-125 by-poll later this week or early next week.


Published in The Express Tribune, May 8^th, 2015.