Win-win for PTI, PML-N: Top court orders re-poll in Lodhran constituency

Overrules life-time disqualification of Siddique Baloch by election tribunal

ISLAMABAD:

The Supreme Court on Wednesday ordered re-poll in NA-154 (Lodhran-I) but overturned the life-time disqualification of the ruling party lawmaker from the constituency who was unseated by an election tribunal.

Siddique Khan Baloch, an independent candidate, had defeated Jahangir Tareen of the Pakistan Tehreek-e-Insaf in the May 2013 elections to clinch NA-154. After his election, Baloch joined the Pakistan Muslim League-Nawaz.

Tareen, however, challenged Baloch’s election in an election tribunal which disqualified Baloch for possessing a fake educational certificate, and ordered re-election in the constituency. Not satisfied with the tribunal verdict, Baloch challenged it in the apex court.



A three-judge bench of the top court – headed by Justice Mian Saqib Nisar – took up the case on Wednesday. Baloch’s attorney Shahzad Shaukat argued that the tribunal had disqualified his client after he failed to answer some questions about his educational qualification. Shaukat, however, said there was no evidence to substantiate the claim that his client’s degree was fake.

In his arguments before the bench, Tareen’s counsel Makhdoom Ali Khan said we needed to be mindful of national and collective shame. “We talk about the individual shame and not honour as a whole,” he said.

Justice Nasir said it was difficult for the bench to declare anyone dishonest and cheat in the absence of preponderance of evidence. The court has no set standards to declare that anyone was not ‘Sadiq’ or ‘Ameen’, the judge said. He observed that degree was not an issue anymore as the condition of holding a Bachelor’s degree for contesting an election has been abolished.

At the end of the hearing, the court ordered re-poll in NA-154 while allowing Baloch to contest any elections in the future. Both Tareen and Baloch interpreted the court ruling as their victory.



“I accept the Supreme Court decision. The court has endorsed the PTI position regarding rigging in the NA-154 elections,” Tareen said, adding that his party would contest the re-election and secure a historic victory.

Baloch said he was happy with the court decision. “It has been due to the mismanagement of the electoral staff and not because of my incompetence that the court ordered re-poll in my constituency,” he said. Baloch said he would contest the by-polls after approval of the party leadership.


Published in The Express Tribune, October 29^th, 2015.