Zardari’s electoral eligibility cannot be challenged by any court or authority: SHC
By ANIThursday, May 13, 2010
Karachi, May 13 (ANI): Backing the electoral validity of President Asif Ali Zardari, the Sindh High Court (SHC) has observed that it can not be challenged before any court of law or authority.
Hearing a petition filed by Advocate Maulvi Iqbal Haider challenging Zardari’s electoral eligibility, a division bench headed by Justice Sarmad Jalal Osmany said that the Chief Election Commissioner had already dismissed Haider’s plea, and that the validity of nomination papers filed in 2008 could not be allowed to be challenged in 2010 on the basis of ” flimsy, fake and fabricated grounds.”
Haider, in his petition, had said that being a beneficiary of the now defunct amnesty law, the National Reconciliation Ordinance (NRO), Zardari was not qualified for contesting the presidential elections.
He argued that Zardari’s nomination papers were liable to be re-scrutinised in light of the Supreme Court’s NRO verdict on December 16, 2009.
After hearing Haider’s argument, the SHC dismissed his petition observing that Zardari didn’t enjoy any immunity under the NRO.
” We have heard the petitioner in person and have pointed out to him provision of Article 41(6) of the Constitution which in so many words provides that the validity of election of the President shall not be called in question by or before any court or other Authority,” The Dawn quoted the court’s ruling, as saying.
” The petitioner did not have any locus-standi to challenge the Presidential election on ground that Asif Ali Zardari was disqualified for any reason to contest the same. The crux of petitioner’s arguments is that after decision of the Supreme Court of Pakistan declaring National Reconciliation Ordinance, 2007, null and void ab initio, any benefit derived by any person in pursuance of Section six thereof was also declared none to have legally accrued to any such person and consequently of no legal effect,” the ruling said. (ANI)
