LAHORE, July 22: A Lahore High Court division bench on Monday referred to the chief justice an application requesting to stay the election of president of Pakistan.

The bench observed that a division bench had already recommended fixation of an identical matter before a larger bench, therefore, it would be inappropriate to hear the instant application. The bench referred the application to the chief justice with a request to fix the same before a bench of Justice Ijazul Ahsan.

Earlier applicant Advocate Azhar Siddique argued that Article 63 of the Constitution would not be applicable in the election of the president and any mentally unsound, dual national or convicted person could be candidate for the office.

The lawyer said that section 5 (3) of the Presidential Election Rules required that a returning officer would reject nomination paper of a candidate to the office of the president if such a candidate was not qualified under the Constitution to be elected as president, or subject to any disqualification from being elected as, and from being, a member of the national assembly.

He stated that this disqualification was provided in Article 63 of the Constitution, however, the election commission on Sept 10, 2007 through a notification amended the rule and disqualification condition was removed. He pleaded that the impugned notification was not only illegal, ultra vires but was unconstitutional.

The petitioner said the holding of the presidential election would be illegal and unconstitutional without deciding the fate of the impugned amendment made in the rules. He requested the court to decide his pending petition at the earliest and stay the election till the decision.

reply sought: Lahore High Court Chief Justice Umar Ata Bandial on Monday asked the federal government to submit reasons behind the transfer of former chief of the Lahore Electric Supply Company Muhammad Saleem.

Hearing a petition against unannounced electricity loadshedding and during Sehar and Iftar in particular, the chief justice also sought a report from the government about the steps taken to stop theft of electricity by electricity distribution companies.

Earlier, petitioner Advocate Azhar Siddique alleged that Mr Saleem was transferred for saving 17 megawatts by stopping power theft. He said such steps would discourage honest officers.

The chief justice observed the court would take action if it found any violation of transparency in the transfer. The CJ adjourned further hearing till July 26 and sought report from the government also about the standards of appointment and removal of an officer from the seat of a Disco’s chief.

sentence suspended: An additional district and sessions judge on Monday suspended one-year sentence awarded to actress Salomi Rana on charges of fraud.

A judicial magistrate had on Friday sentenced her on charges of embezzling Rs5 million in connivance with her husband. She had escaped from the court after the verdict was announced.

Salomi’s husband Zeeshan Bhatti had already been convicted in the same case.

The AD&SJ suspended the sentence and issued a notice to the parties for July 25.

Bhatti was employed at a real estate firm whose owner had given him a cheque for Rs5 million to deposit in company’s account. Bhatti deposited the money in his wife’s account. The trial court awarded Bhatti three years in jail.