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Petitions against Sharif brothers' eligibility dismissed
LAHORE: The Lahore High Court (LHC) on Thursday dismissed petitions seeking disqualification of Nawaz Sharif and Shahbaz Sharif for default of prosecution.A three-member full bench of the Lahore High Court had summoned the petitioner for June 17 (today) who had challenged Mian Shahbaz Sharif's eligibility to hold the office of chief minister.
The petitions said that since Nawaz Sharif had been convicted, therefore he should be declared disqualified from contesting elections.
Additional advocate general, Hanif Khatana, told the court that Shahid Orakzai, a freelance journalist, had questioned Mian Shahbaz's eligibility but later he filed a similar petition in the Supreme Court. He pointed out that Orakzai had undertaken before the SC that he would withdraw his case from the LHC. He said the instant petition should be dismissed as his petition in the SC was still pending.
The court asked the AGP to apprise the court whether Orakzai had undertaken before the SC about the same petition pending in LHC.
The petitioner was seeking Shahbaz Sharif's ouster from CM's office since June 21, 2008 after he was elected from PP-10.
The petitioner had contended that Shahbaz Sharif won election from PP-48, Bhakkar and became the Punjab chief minister. Later on, without resigning from that constituency, Shahbaz Sharif also contested election from PP-10, Rawalpindi and was elected unopposed but he resigned from this constituency, he added.
Shahid Orakzai submitted that under Article 223 (4) of the constitution if a person was elected from a new constituency, his earlier seat fell vacant. As per constitutional scheme PP-48, Bhakkar, is still vacant therefore Shahbaz Sharif is not entitled to hold the office of chief minister, Orakzai submitted.
He argued that Mian Shahbaz took oath as a CM on June 8 as MPA from PP 48 and under constitution he lost his seat in the assembly on June 21 because he was notified as winner from PP-10.
He said instead of obeying the constitution, particularly clause (4) of the article, Mian Shahbaz had chosen to bypass the given course by a tricky resignation from his second seat. He is adamant that he can still hold his first seat in defiance of article 223, he said.
Orakzai prayed that the Punjab chief secretary be directed to ensure vacation of CM office and report all the decisions taken by the CM after June 21 to the governor as required under clause (c) of the Article 131 of the constitution.
The petitioner, Shahid Orakzai did not appear before the court for further prosecution, the court then dismissed the petition.
Courtesy www.Geo.tv