An election tribunal comprising a judge of Lahore High Court on Friday rejected the appeals of ruling party Pakistan Tehreek-i-Insaf’s candidate from NA-133, Lahore, Jamshed Cheema and his wife Musarat Cheema who had challenged the rejection of their nomination papers for by-poll election.
The tribunal upheld the decision of the returning officer (RO) by holding that their proposer had votes in NA-130, so they cannot become a proposer of NA-133 candidates.
Mr Cheema and his wife had challenged the decision of the RO who had rejected their nomination papers on the grounds that their proposer did not belong to the NA-133 constituency of Lahore.
Applicants counsel submitted that the returning officer (RO) rejected the nomination papers of Cheemas his papers contrary to facts. He said that the RO took a ground that the proposer of the appellant was not from the same constituency, which was not correct.
He submitted that the proposer is very much resident of the appellant’s constituency but the defect is in the record of the election commission due to a misplaced census circle. He pleaded that the RO has failed to appreciate that the appellant’s case was not a case of defect in the nomination papers but a case of defect in the record of the ECP.
He requested to set aside the decision of the RO and allow the appellant to contest the by-poll scheduled to be held on December 5.
The election commission counsel, while opposing these appears said that these were not maintainable. He pointed out that the proposer didn’t live in the same constituency that was why their nomination papers were rejected.
He further submitted that the tribunal could not re-interpret the already settled law.
After hearing the arguments from both the counsel, the tribunal dismissed both Cheemas appeals.