SC moved to stay Presidential poll
By Saad Saud

ISLAMABAD—Presidential candidate Justice (Retd) Wajih ud Din Ahmad has challenged in Supreme Court (SC) the acceptance of nomination papers of president general Pervez Musharraf by Chief Election Commissioner (CEC) for re-election and prayed the court to issue orders to stay the presidential elections.
An identical petition has been filed by senator Sardar Latif Khosa on behalf of PPPP. Through these petitions which have been filed under article 184 (3) of the constitution, the presidential candidates Makhdoom Amin Fahim and Justice (Retd) Wajih Ud Din Ahmad have taken the stance that the acceptance of general Pervez Musharraf’ nomination papers by CEC is unconstitutional decision. They contended general Pervez Musharraf does not qualify for contesting presidential elections under article 62 of the constitution and he is not eligible to take part in presidential polls in terms of his candidacy under article 63 of the constitution.
They further submitted that nomination papers of several candidates were rejected on the grounds that they were government employees and were not eligible to contest presidential election constitutionally in their capacity of government employees. On the other hand army chief who is government employee has been allowed to contest presidential polls, which is in conflict with fundamental human rights and article 25 of the constitution.
Chief of army staff is not eligible to participate in the election as per article 43 (1), 63 and 63 (O). If clause 12(4) of 1976 act is read with article 44(2) of the constitution then it becomes evident that the incumbent president had taken oath of his office in June, 2001 and later taken the oath for his second term on April, 30 2002. Therefore, he cannot contest the presidential election constitutionally for the third term.
The petitioners prayed the court to declare the orders of CEC for allowing president Musharraf to contest the election as null and void. General Musharraf be declared disqualified to contest presidential election and presidential elections taking place on October, 6 be stayed. CEC, general Pervez Musharraf and the federation through law ministry have been made respondents in the petition.
President Pakistan Tehreek-e-Insaaf (PTI) Imran Khan has said that the opposition would halt General Pervez Musharraf from contesting the Presidential election through legal measures and tendering resignations from the assemblies.