Poll petitions against minister, MNA dismissed
PESHAWAR, Nov 24 An election tribunal on Monday dismissed two petitions challenging the election of Federal Minister for Environment Hameedullah Jan Afridi and tribal MNA Jawad Hussain.
The tribunal comprising Justice Ziauddin Khattak of the Peshawar High Court accepted applications filed by Mr Hameedullah and Mr Jawad seeking dismissal of the election petitions respectively filed against them.
The tribunal observed that the petitions were not maintainable on technical grounds as the petitioners had not fulfilled the legal requirements mandatory under the Representation of Peoples Act 1976.
The tribunal clubbed both the applications as the preliminary objections raised by the two respondents were of identical nature.
The petition against Hameedullah Afridi was filed by his rival candidate Mohammad Saeed Afridi after he lost to him on NA-46, Khyber Agency constituency in the Feb 18 general elections.
The petitioner had alleged that Mr Hameedullah was a watchman at Government Primary School, Abdullah Jan village in Khyber Agency and had even drawn salary for the month of October 2007.
He contended that under the constitution and Representation of Peoples Act a government servant was not eligible to contest polls unless two years had lapsed since he had relinquished that post. The same objection had been overruled by the concerned returning officer and had allowed Mr Hameedullah to contest the polls.
Similarly, the petition against Mr Jawad was filed by his rival candidate Dr Gul Karim who had lost to him on NA-39, Orakzai Agency constituency.
The petitioner had alleged that Mr Jawad was a government contractor and he was not qualified to contest the Feb general elections.
Advocate Yahya Afridi appeared for Mr Hameedullah whereas Advocate Abdul Aziz Kundi represented Mr Jawad.
Both the respondents had contended in their applications that the petitioners had not fulfilled the formalities under the Representation of Peoples Act (RPA) as they had not signed the petitions.
Mr Yahya Afridi contended that under section 55(3) of the RPA every election petition and every schedule or annexure to that petition should be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure.
He argued that the petitioner had also not provided the entire petition to the respondents, which was also mandatory under the law.