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Govt moves SC against LHC verdict
Source: The News E-Mail this News Story to a friend E-Mail this Story
Category: General News
Publication Date: 7/6/2008
News URL: http://www.thenews.com.pk/top_story_detail.asp?Id=15801
Govt moves SC against LHC verdictISLAMABAD: The government on Saturday filed an appeal in the Supreme Court, praying to set aside the Lahore High Court (LHC) verdict regarding the eligibility of Punjab Chief Minister Mian Shahbaz Sharif.

The petition was filed by Deputy Attorney General (DAG) Raja Abdul Rehman under Article 185(3) of the Constitution, making Shahbaz Sharif, the returning officer for PP-48, Bhakkar-II, the Election Appellate Tribunal for PP-48, Bhakkar-II, the Lahore High Court, the chief election commissioner and Syed Khurram Shah as respondents.

The government also prayed to the apex court to restrain the learned chief election commissioner from referring the matter of eligibility of Mian Shahbaz Sharif to the election tribunal till the final disposal of the government’s appeal.

The government contended in the appeal that the writ petition filed against Shahbaz Sharif’s candidature was not maintainable in view of the provisions of Article 225 of the Constitution.

It was stated that the directions given by the learned full bench of the Lahore High Court to the chief election commissioner for reconstituting the Appellate Tribunal were beyond the mandate of the provisions of the Representation of the People Act, 1976, in as much as there was no provision in the said enactment to constitute this tribunal after the result of the election.

It was further contended that in the light of the provisions of Section 14 of the Representation of the People Act, 1976, respondent Syed Khurram Shah had no locus standi to file a writ petition.

It was further stated in the appeal that the learned full bench of the Lahore High Court had also made erroneous interpretation of extends, scope and purport of Section 11-A of the Representation of the People Act, 1976.

It was contended that Mian Shahbaz Sharif had already been notified as member of the provincial assembly and was also presently performing the functions of the chief minister, Punjab, and he could suffer irreparable loss in case the directions given by the LHC full bench were not set aside till the disposal of this appeal.

The government prayed to the apex court to grant leave to appeal against the impugned order of the Lahore High Court passed on June 23 and to set aside the said order.

Later, Deputy Attorney General Raja Abdul Rehman told reporters that the Supreme Court was expected to take up the appeal next week. A three-member bench of the Lahore High Court, comprising Justice Abdul Shakoor Paracha, Justice Syed Shabbar Raza Rizvi and Justice M Bilal Khan, had on June 23 referred the petition against Shahbaz to the Election Commission to constitute an election tribunal to decide his eligibility.

The bench, however, provisionally allowed Shahbaz Sharif to continue working as the Punjab chief minister.

Syed Khuram Shah, a voter, had filed a petition, challenging Shahbaz Sharif’s unopposed victory from PP-48, Bhakkar, and his candidature for the PP-10, Rawalpindi.

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