Sindh High Court (SHC) on Monday dismissed the petitions, seeking disqualification of five leaders of Pakistan Peoples Party (PPP) - four among them sitting member of provincial assembly - for allegedly having Iqama.
A two-member bench of the SHC comprised of Justice Muhammad Ali Mazhar and Justice Agha Fasial in a written judgment dismissed the petitions against Faryal Talpur, Sohail Anwar Sial, Syed Nasir Hussain Shah, Nawab Ghaibi Sardar Khan Chandio - members of Sindh Assembly and Manzoor Hussain - former provincial minister.
The court dismissed the petition against Manzoor Wassan on the grounds of being misconceived and against the four others for being devoid of merit. The court was of deliberated view that the petitioners have been unable to demonstrate that an iqama is an asset and observed that no requirement for disclosure of an iqama in the nomination form or statement of assets accompanying the same was placed before us.
It also noted that there is no admission or irrefutable direct evidence placed on file to demonstrate the existence of any undisclosed assets, crystallized or receivable, non-disclosure whereof would render a member unqualified to hold public office per Article 62(1)(f) of the Constitution, hence, these petitions are hereby determined to be devoid of merit while dismissing the petitions against Faryal, Sial, Chandio and Nasir Shah.
Regarding the petition against Manzoor Wassan, the court stated that so far as the merits of the Wassan petition are concerned it is an admitted fact that Election Appellate Tribunal had rejected the nomination of the said respondent.
It is also demonstrated before us that the aforesaid order were upheld by this High Court, the judgment whereof was the subject matter of an appeal before the Supreme Court.
In such a scenario there is no justification to invoke the jurisdiction of this court to determine an issue pending adjudication before the Supreme Court, the court stated and was of considered view that the petitioner has been unable to satisfy this court with regard to the maintainability of the petition, hence the same merits dismissal.
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