CHAKWAL: Writ petitions filed by influential Chakwal politician Sardar Ghulam Abbas and his nephew Sardar Aftab Akbar were dismissed by the Lahore High Court’s (LHC) election tribunal on Thursday on grounds of tax evasion.

Mr Abbas was the Pakistan Tehreek-i-Insaf (PTI) candidate for NA-64 (Chakwal-I), and Mr Akbar was his covering candidate.

Mr Abbas and Mr Akbar had filed writ petitions before an election tribunal in Lahore after Justice Ibadur Rehman Lodhi of the appellate bench rejected their papers in response to an objection raised by two lawyers from the constituency.

Candidates’ supporters, lawyers surprised by verdict, intend to appeal in SC

Qazi Umar Ahmed and Malik Zafran Zulfi from the Chakwal Bar Association had objected to the two candidates’ nomination papers, arguing that they had wilfully concealed their assets and evaded taxes because they did not have national tax numbers (NTN).

Their objections were initially dismissed by the returning officer, who accepted the papers on June 19. They then filed an appeal, on the basis of which Justice Lodhi rejected the candidates’ papers on June 27.

Although the tribunal granted them a temporary dispensation on June 28, the same night the PTI awarded a party ticket to Zulfiqar Ali Khan Dullah, previously the PML-N candidate for PP-23 (Chakwal-III) against Mr Akbar, for NA-64.

Mr Akbar remains PTI’s candidate in PP-23, where no one has objected to his constituency. He will face PML-N’s retired Col Mushtaq Ahmed.

Their counsel Mohammad Ahsan Bhoon said before the court that the petitioners had already filed affidavits with the Election Commission of Pakistan, which had also been transmitted to the Supreme Court. He also challenged the July 27 verdict for being out of the appellate tribunal’s domain.

However, the election tribunal, comprising justices Sardar Ahmed Naeem and Sayyed Mazahar Ali Akbar Naqvi, dismissed Mr Abbas and Mr Akbar’s writ petitions mainly on the grounds of tax evasion.

The order left the petitioners, their supporters and lawyers shocked.

“Although the court has the authority to deliver verdicts, as far as election matters are concerned the law does not say whether a candidate pays tax or doesn’t. This is not the disqualification of a candidate, because he has neither any business nor any complaint against him,” Mr Bhoon told Dawn.

Ameer Butt, a legal assistant to Mr Abbas, also called the order surprising.

“How could a court assume the role of a tax officer when the concerned department has not issued any notice to Mr Abbas and Mr Akbar,” he asked.

As far as the disclosure of inherited land is concerned, he said, what benefit could this disclosure give Mr Abbas and Mr Akbar?

He added that the order would be challenged in the SC.

“We will contest the elections even if the SC allows us on the last day,” he said, adding that the case would probably be taken up on Monday.

Mr Abbas said it was inevitable for him to turn to the SC.

Since Zulfiqar Ali Khan Dullah is a rival of Mr Abbas, it would be difficult for him and his supporters to support the new candidate.

Local PTI leaders, such as Raja Yasir Humayun – the candidate for PP-21 (Chakwal-I), and PP-22 (Chakwal-II) candidate Raja Tariq Afzal Kalas, and the majority workers have not accepted Mr Dullah has the party’s candidate either. It is possible, if the SC allows Mr Abbas to contest the elections, that they would stand with him instead of Mr Dullah.

“Our survival lies in contesting the elections,” a close aide to Mr Abbas said.

Published in Dawn, July 6th, 2018