Crying foul: Petitioner says MQM’s senator from K-P cannot be elected from Sindh
Sindh United Party president claims MQM's Barrister Saif does not qualify for election on technocrat’s post
Barrister Saif. SCREEN GRAB
KARACHI:
The Sindh High Court (SHC) has sought comments from the Election Commission of Pakistan and others on a petition challenging the eligibility of Muttahida Qaumi Movement's Barrister Muhammad Ali Khan Saif to be elected on the technocrat's seat in the Senate, belonging to Sindh.
A division bench, headed by Chief Justice Faisal Arab, called such comments on a petition filed by Sindh United Party's president, Syed Jalal Mahmood Shah.
The nationalist leader told the judges that Barrister Muhammad Ali Saif was elected as Senator on the seat of the Ulema/technocrat in the upper house of the parliament belonging to Sindh. The polls were held on March 5.
The petitioner claimed to have seen the nomination papers filed by the MQM candidate, who did not qualify for election on the technocrat's post from Sindh since he hailed from Mardan district in Khyber Pakhtunkhawa. Barrister Saif cannot get enrolled as a voter in Sindh because he is only a temporary resident in the province, argued the petitioner.
The petitioner's lawyer, Barrister Zamir Ghumro, said that under Article 62(1)(c) of the Constitution, a person was not qualified to be elected or chosen as a member of the Senate unless he/she was enrolled as a voter in any area of the province for which they sought membership. He added that the respondent was not entitled to be a voter in terms of Section 6 (2)(d) of the Electoral Rolls Act, 1974.
The petitioner alleged that Barrister Saif had illegally enrolled as a voter in Sindh, which was a fraud on the statute and the public. As such, he was not sagacious, righteous, non-profligate, honest and Ameen as required by Article 62(a)(f) of the Constitution.
Ghumro stated that this violation of the Constitution disqualified the MQM candidate from the elections. Therefore, the returning officer should have rejected the candidate's nomination papers as required under Section 13(5)(a) of the Senate Election Act, 1975, or initiated inquiry into his eligibility to run for membership of the parliament's upper house.
The petitioner added that the Supreme Court, through its judgment, had described the qualification criteria for a 'technocrat'. The respondent had concealed facts in violation of Article 62 of the Constitution.
The nationalist leader stressed that the MQM candidate should not be allowed to steal the right of representation of the people of Sindh for his political ambitions.
He sought a direction for the respondent, Muhammad Ali Saif, to prove his eligibility to be elected to the senate from Sindh. The court was also pleaded to declare Saif's nomination illegal and restrain him from performing his functions as senator till the final disposal of the petition.
The bench issued notices to the ministry of law and justice, the ECP secretary, the Senate chairperson, the returning officer for the senate polls and senator Saif to file their comments by the next date of hearing.
Published in The Express Tribune, May 14th, 2015.
The Sindh High Court (SHC) has sought comments from the Election Commission of Pakistan and others on a petition challenging the eligibility of Muttahida Qaumi Movement's Barrister Muhammad Ali Khan Saif to be elected on the technocrat's seat in the Senate, belonging to Sindh.
A division bench, headed by Chief Justice Faisal Arab, called such comments on a petition filed by Sindh United Party's president, Syed Jalal Mahmood Shah.
The nationalist leader told the judges that Barrister Muhammad Ali Saif was elected as Senator on the seat of the Ulema/technocrat in the upper house of the parliament belonging to Sindh. The polls were held on March 5.
The petitioner claimed to have seen the nomination papers filed by the MQM candidate, who did not qualify for election on the technocrat's post from Sindh since he hailed from Mardan district in Khyber Pakhtunkhawa. Barrister Saif cannot get enrolled as a voter in Sindh because he is only a temporary resident in the province, argued the petitioner.
The petitioner's lawyer, Barrister Zamir Ghumro, said that under Article 62(1)(c) of the Constitution, a person was not qualified to be elected or chosen as a member of the Senate unless he/she was enrolled as a voter in any area of the province for which they sought membership. He added that the respondent was not entitled to be a voter in terms of Section 6 (2)(d) of the Electoral Rolls Act, 1974.
The petitioner alleged that Barrister Saif had illegally enrolled as a voter in Sindh, which was a fraud on the statute and the public. As such, he was not sagacious, righteous, non-profligate, honest and Ameen as required by Article 62(a)(f) of the Constitution.
Ghumro stated that this violation of the Constitution disqualified the MQM candidate from the elections. Therefore, the returning officer should have rejected the candidate's nomination papers as required under Section 13(5)(a) of the Senate Election Act, 1975, or initiated inquiry into his eligibility to run for membership of the parliament's upper house.
The petitioner added that the Supreme Court, through its judgment, had described the qualification criteria for a 'technocrat'. The respondent had concealed facts in violation of Article 62 of the Constitution.
The nationalist leader stressed that the MQM candidate should not be allowed to steal the right of representation of the people of Sindh for his political ambitions.
He sought a direction for the respondent, Muhammad Ali Saif, to prove his eligibility to be elected to the senate from Sindh. The court was also pleaded to declare Saif's nomination illegal and restrain him from performing his functions as senator till the final disposal of the petition.
The bench issued notices to the ministry of law and justice, the ECP secretary, the Senate chairperson, the returning officer for the senate polls and senator Saif to file their comments by the next date of hearing.
Published in The Express Tribune, May 14th, 2015.