ET has powers to restore election appeals: LHC

0
158

LAHORE: Judge Justice Anwar Hussain of Lahore High Court (LHC) has maintained while giving decision on important legal and constitutional point that Election Tribunal (ET) has powers to restore appeals rejected on the basis of non appearance. Justice Anwar Hussain has issued 16-page detailed decision on election appeal of independent candidate Muhammad Yar from PP-201 against PML-N candidate Naveed Aslam. It has been said in the decision appeal of Muhammad Yar was rejected in December 2024 due to absence of the petitioner and his counsel. However this appeal now has been restored. The lawyers have been summoned on next hearing for further proceedings. It has been made clear in the decision that in the light of election act and several decisions of superior judiciary ET has full powers to restore rejected appeals. The court has made precedents of LHC and other superior judiciary part of its decision. According to written decision counsel for the petitioner belonged to Multan and he was engaged in Multan bench on the day of hearing. Muhammad Yar himself was suffering from problem of lungs infection. Medicine certificate in this regard was also presented. Climate situation was also mentioned in the decision that it becomes more difficult to travel in December due to smog particularly for such patient. The court maintained affidavit was also attached with the petition for restoration of appeal which strengthens its legal position. The tribunal while restoring appeal adjourned further hearing of the case till August 26. It is pertinent to mention here Independent candidate Muhammad Yar had challenged success of PML-N Member of Punjab Assembly (MPA) through election petition. Online