LAHORE - Sardar Ayaz Sadiq on Monday filed a writ petition in the Supreme Court praying that the decision of the election tribunal which de-seated him as speaker of the National Assembly be set aside and Imran Khan’s petitions be dismissed as with costs throughout.

Ayaz filed the petition through Advocates Khwaja Saeeduz Zafar and Shahid Hamid, the former MNA in Lahore registry of the SC.

Tribunal Judge Kazim Malik had set aside the result of the NA-122 on the petition of PTI chairman Imran Khan and ordered Election Commission of Pakistan to hold by-election in accordance with the law in the constituency concerned.

The appellant submitted that the judgment of the tribunal judge was biased as he announced the verdict to penalize him for not filing reply within three days despite that he knew that he was abroad.

The appellant also pointed out that Imran Khan admitted in his cross-examination that his statement/affidavit was based entirely on information provided to him by his chief polling agent who, however, was not produced before the tribunal as a witness.

Imran Khan, the appellant said, could not produce any document on record or postal receipt proving that copy of the election petition had been served on the appellant prior to filing of the election petition.

He pleaded that there was complete failure to produce best evidence in terms of Article 129(g) of the Qanoon-i-Shahadat Order 1984. He also submitted that no evidence whatever that any corrupt and/ or illegal practices had been committed in connivance with returned candidate (the appellant) on the Election Day.

Ayaz Sadiq further submitted that the tribunal had apparently been influenced by procedural lapses of polling staff with respect to counterfoils. The tribunal, he stated, also failed to see that the prescribed procedure with respect to counterfoils relate to identification of voters before they were issued ballot papers. The procedure laid down more than one means of identifying voters viz CNIC numbers, thumb impressions, photo on electoral roll AND through challenge by the polling agent(s) of the contesting candidates.

The tribunal altogether failed to appreciate that only those votes were invalid which fail the test laid down in section 38(4) of ROPA 1976 and was based entirely on unsustainable conjectures and surmises, he submitted. He prayed the court to set aside the tribunal’s order and also stayed it as immediate relief till final decision of his appeal.

The tribunal, however, prayed the court that the operation of the impunged order dated 22-8-2015, to the extent that it related to imposition of costs on the applicants be suspended till the final orders on the accompanying. He also prayed the court to fix the appeal for hearing at early date and decide it within the time prescribed by Section 67 (3) of ROPA, 1976.