PESHAWAR/HARIPUR: An election appellate tribunal here on Tuesday cleared several candidates to contest the July 25 general elections including former federal minister Aftab Ahmad Sherpao and some other former lawmakers.

Presiding judge of the tribunal Justice Syed Afsar Shah rejected the appeals of National Telecommunication Corporation against Aftab Ahmad Sherpao and former MPAs Arshad Khan Umerzai and Malik Tehmash Khan observing that the three had cleared their dues.

The NTC claimed that Rs373,539 was outstanding against Mr Sherpao, who had filed nomination papers to contest elections in the NA-23 Charsadda constituency.

Nominations of some were challenged over nonpayment and others over dual nationality

The lawyer of Mr Sherpao produced a clearance certificate saying he’s cleared that amount and that there is no amount outstanding against his client.

Similarly, the NTC had claimed that Rs17,620 was outstanding against Mr Umerzai, a candidate in PK-57 Charsadda, whereas Rs37,129 was due against Mr Tehmash, who is contesting election in PK-67 on PPP’s ticket.

Both produced the dues clearance certificates saying no amounts were pending against them.

The tribunal summoned Peshawar district nazim Mohammad Asim on Wednesday as the NTC claimed that he was a candidate on PK-78 Peshawar and Rs180,56 was outstanding against him.

Mohammad Asim claimed that he had not filed any nomination papers and he didn’t know why the NTC had approached the tribunal against him.

The tribunal also decided two cases pertaining to dual nationalities of candidates and allowed one of the candidates, Nawabzada Arsala Khan Hoti, a leader of Pakistan Muslim League-Nawaz to contest on NA- 21 Mardan, whereas rejected plea of another appellant, Arshad Bashir Khattak, whose had filed nomination papers on NA-32 Kohat.

Syed Enayat Ali Shah Bacha, lawyer for Mr Hoti, said his client had filed nomination papers for NA-21 and a provincial assembly constituency PK-52.

He said while his papers were accepted for the provincial assembly constituency by the concerned returning officer, another officer rejected his papers for NA-21 on the ground that he was also a British national.

He said his client had surrendered his British nationality before the 2013 general elections and had also contested that election.

The nomination papers of Arshad Bashir Khattak were rejected by the returning officer for having a US nationality.

His appeal against that order was turned down by the tribunal.

The appellant said he had given an affidavit saying he was surrendering his US nationality.

The tribunal adjourned hearing into another appeal filed by the returning officer of NA-25 Nowshera against former MNA Siraj Mohammad, claiming that according to a report of the FIA, the candidate had a dual nationality.

Siraj Mohammad said he had surrendered his US nationality prior to the 2013 elections and was also elected as MNA thereafter. He added that the high court had decided almost identical case in his favour in 2013.

The bench fixed June 27 (Wednesday) for hearing the appeal asking Siraj Mohammad to produce a copy of the said court judgment.

The tribunal provided relief to some of the appellants whose papers were rejected by the returning officers on the ground that either their proposer or seconder did not belong to the relevant constituency.

The tribunal accepted the appeal of former MNA Hamidul Haq, whose papers were rejected for provincial assembly constituency PK-74 by the RO, as his proposer was not a voter of that constituency.

It directed him to mention another voter as proposer, who belonged to the said constituency.

Similar appeals of appellants Mohammad Fayyaz (PK-82), Abdur Raheem (PK-74), Mohammad Asghar (PK-67) and Shamsul Qayum (PK-43 Swabi) were accepted with the tribunal asking them to appear before the relevant returning officers and mention another voter belonging to their respective constituency as proposer or seconder, as the case may be.

The tribunal also dismissed appeals of PK-76 candidate Hayatullah Khan against rival candidates Asif Khan and Ziaullah Afridi.

The appellant said Ziaullah Afridi had not revealed details of the cases against him in nomination papers creating an impression as if he faced no case.

Gohar Rehman Khattak, lawyer for Mr Afridi, said his client had clearly mentioned in the papers that a consolidated reference was pending against him and that he had mentioned all the details in it.

The appellant said Asif Khan didn’t resign as district councillor before filing nomination papers to contest general elections.

Shah Faisal Utmankhel, lawyer for Asif Khan, argued his client had submitted his resignation on June 8, whereas he had filed nomination papers on Jun 9.

Meanwhile, the tribunal disposed of another appeal filed by former head of chief minister complaint cell Dilroz Khan against PTI candidate Taimoor Khan Jhagra in PK-73 Peshawar.

The appellant informed the tribunal of withdrawing his appeal after a patch-up with Mr Jhagra.

In Haripur, the appellate tribunal cleared 10 more election candidates, whose nomination papers were rejected by returning officer for PK-42 Haripur.

After holding a hearing, presiding judge of the tribunal Justice Lal Jan Khattak declared PML-N candidate Sahibzada Qasim Shah, PTI nominee Malik Tahir Iqbal, Malik Adeel, Ms Saima Khalid, Irshad Khan, Zahid Khan, Khanzeb, Shaukat Bilal and Rizwan Saeed Mughal valid and thus, allowing them to contest election.

He had cleared ANP candidate Shaukat Mashwani and former MPAs Dr Faiza Rasheed and Gohar Nawaz Khan on Monday for elections.

Published in Dawn, June 27th, 2018