Humayun Khan
PESHAWAR: The success of Zeeshan Khanzada as Senator has been challenged in Peshawar High Court over dishonesty and arguing to suspend membership till final decision of the honorable court in this regard.
The writ petition is filed by Abbas Khan and counsel for petitioner is Shahbaz Khan Advocate in which Election Commission of Pakistan, Provincial Election Commissioner Khyber Pakhtunkhwa, Returning officer Sharifullah, winning candidate Zeeshan Khanzada, Taj Muhammad as Proforma respondent, Riaz Khan the proposes and Syed Fakhar Jahan Bacha The seconder were made respondents in the case.
The petition stating that the winning candidate Zeeshan Khanzada at the time of filling/ submitting nomination form has not disclosed his involvement in heinous criminal offence, in which First Information Report (FIR) had lodged at Rustam police station which has been pending against him at the time of filling of nomination form before the learned court but he intentionally concealed this obligatory information to defraud or deceive the authorities at the time submitting the nomination paper.
The writ added that the true and faithful interpretation of provision of Article 62and 63 of the constitution and the relevant provision of Election Act 2017 leave no manner of doubt that a person who is not sagacious righteous, honest and Ameen is not qualified to contest election.
The writ further arguing that the qualities of sagacity, righteousness, honesty and trustworthiness had laid down in Article 62(1)(f)of the constitution as qualified for membership to elected houses were actually derived from Sunnah The Prophet Muhammad Peace Be Upon Him and clearly stated in verse 119 of Surah Al-Maaidah and also Verse 119 of Surah Al-Taubah of the Holy Quran.
The wrirt stating that the winning candidate Zeeshan Khanzada is not honest and Ameen within purview of the constitution and has thus disqualified for being a member of the Majlis-e-Shoora (parliament). The petition further requesting honorable court to direct Election Commission (respondents 1&2) to institute legal proceeding against the returned candidateunder under Election Act 2017.
The petition adding to conduct inquiry against Returning Officer who failed to exercise his legal and obligatory duty according to law and submit inquiry report to this honorable court within a period prescribe and initiate criminal proceedings with relevant section of law with a huge fine. The writ stating that interpret the word scrutiny with power and function of the Returning Officer under the Election Act 2017.
The petitioner requesting to provide interim relief by suspending the operation of notification dated 10-3-2021 to the extend of Zeeshan Khanzada and de-notify him till final disposal of instant writ petition. It is worthy to mention that the petitioner was interested to contest senate election 2021.
