March 15 , 2017
PHC declares PML-N MPA disqualified
PESHAWAR: The Peshawar High Court (PHC) on Tuesday declared the Pakistan Muslim League-Nawaz (PML-N) Member Provincial Assembly Mian Ziaur Rehman from PK-54, Mansehra-II disqualified and directed the Election Commission of Pakistan (ECP) to de-notify him as KP Assembly member.
A two-member bench comprising Justice Waqar Ahmad Seth and Justice Younas Thaheem announced the judgment, which had been reserved in a quo warranto writ petition. The petition had been filed by a voter of the constituency.
The bench allowed the writ petition of Syed Nadir Ali Shah. It was filed through his lawyer Sajjad Hassan Shah. The petitioner prayed the court to declare the MPA disqualified as first he got fake sanad (degree) of religious seminary and second made a false statement in his nomination papers. The bench passed 37-pages detailed judgment in the writ petition.
"Record fully confirms that returned candidate (Mian Ziaur Rehman) is clearly hit by the Article-62(1) (f) of Constitution of Islamic Republic of Pakistan, 1973 and as such not entitled to hold the office," the court declared.
"He is not honest, ameen, righteous, sagacious, non-profligate person within the meaning of Article 62 (1) (f) of the Constitution of Islamic Republic of Pakistan, 1973," the court stated.
On acceptance of the writ petition, respondents, including ECP are directed to de-notify the notification of the private respondent (Mian Ziaur Rehman) from PK-54, Mansehra-II held on May 11, 2013 and the Election Commission of Pakistan shall proceed in accordance with law.
It was stated in the judgment that even before this court, the allegations that the returned candidate in his nomination form for general elections of 2008 declared himself to be a graduate, while in the nomination form for succeeding general elections of 2013, he had declared himself as matriculate and that both these forms if juxtaposed would result in his disqualification.
"It is on record that in the nomination form, private respondent (Mian Ziur Rehman) for the year 2013 by evading and concealing the educational qualification has disowned the declaration as made in the nomination form of 2008," it was stated in the judgment.