BAFL 45.31 Increased By ▲ 0.51 (1.14%)
BIPL 20.25 Decreased By ▼ -0.73 (-3.48%)
BOP 5.61 Increased By ▲ 0.33 (6.25%)
CNERGY 4.60 Increased By ▲ 0.18 (4.07%)
DFML 15.82 Increased By ▲ 0.01 (0.06%)
DGKC 73.45 Increased By ▲ 2.14 (3%)
FABL 27.32 Decreased By ▼ -0.48 (-1.73%)
FCCL 16.98 Decreased By ▼ -0.31 (-1.79%)
FFL 8.51 Decreased By ▼ -0.23 (-2.63%)
GGL 12.69 Decreased By ▼ -0.47 (-3.57%)
HBL 111.18 Decreased By ▼ -2.22 (-1.96%)
HUBC 119.71 Decreased By ▼ -2.19 (-1.8%)
HUMNL 7.37 Decreased By ▼ -0.57 (-7.18%)
KEL 3.25 Decreased By ▼ -0.12 (-3.56%)
LOTCHEM 27.43 Decreased By ▼ -0.47 (-1.68%)
MLCF 39.14 Decreased By ▼ -0.29 (-0.74%)
OGDC 108.10 Decreased By ▼ -1.17 (-1.07%)
PAEL 17.70 Decreased By ▼ -0.60 (-3.28%)
PIBTL 5.55 Decreased By ▼ -0.19 (-3.31%)
PIOC 106.48 Decreased By ▼ -3.52 (-3.2%)
PPL 92.12 Decreased By ▼ -1.49 (-1.59%)
PRL 25.01 Decreased By ▼ -0.14 (-0.56%)
SILK 1.02 Decreased By ▼ -0.04 (-3.77%)
SNGP 63.31 Decreased By ▼ -0.39 (-0.61%)
SSGC 11.84 Decreased By ▼ -0.41 (-3.35%)
TELE 8.33 Decreased By ▼ -0.55 (-6.19%)
TPLP 13.18 Decreased By ▼ -0.72 (-5.18%)
TRG 84.75 Decreased By ▼ -1.05 (-1.22%)
UNITY 25.89 Decreased By ▼ -0.21 (-0.8%)
WTL 1.53 Decreased By ▼ -0.07 (-4.38%)
BR100 6,185 Decreased By -45.4 (-0.73%)
BR30 21,452 Decreased By -287.1 (-1.32%)
KSE100 60,502 Decreased By -228.3 (-0.38%)
KSE30 20,175 Decreased By -64.2 (-0.32%)

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) leader Faisal Vawda on Tuesday moved the Islamabad High Court (IHC) challenging his disqualification by the Election Commission of Pakistan (ECP) for concealing his dual nationality.

A single bench of Chief Justice Athar Minallah will hear Vawda’s petition today (Wednesday).

Vawda filed the petition through advocate Waseem Sajjad and cited the ECP, Mian Asif Mehmood advocate, Qadir Khan Mandokhail, Mian Muhammed Faisal, and Dost Ali Jessar as respondents.

He challenged the decision of the ECP and adopted before the IHC that he had been disqualified by the ECP under article 63(1) (f) without fulfilling the constitutional requirements.

He also stated that the ECP announced its verdict without listening to his point of view, and requested the IHC to nullify the ECP’s decision regarding his disqualification.

Vawda said that respondents 2 to 4 moved applications before the ECP seeking disqualification of the petitioner from his membership of the National Assembly on the ground that he was a dual national on the date, he filed his nomination paper, i.e., 11.06.2018 and was thus, disqualified in terms of Article 62(1)(c) of the Constitution. He added that the respondent No5 filed an application for disqualification of the petitioner from membership of the Senate on the same grounds after he lost election to the Senate in March 2021.

He mentioned that in the judgment of IHC dated 03.03.2021 in a petition against him, the judge in particular noted the judgment of the Supreme Court reported as Allah Dino Khan Bhayo (PL.D 2020 SC 591) in which the Supreme Court had held that a disqualification under Article 62(1)(A) of the Constitution can only be imposed by or under a declaration made by a court of law and that by such prescription Article 62(1)(f) creates lawful transparent and fair mechanism for an election candidate to contest an allegation that he is disqualified under one or more of the grounds listed in the said constitutional provision.

He continued that the Supreme Court also observed that disqualification of a person under Article 62(1)(1) of the constitution must be based on oral or documentary evidence and that such a restriction is implicit in Article 10A of the Constitution, which makes both the processes and fair trial a fundamental right in lawful judicial proceedings.

The petitioner said that against this background the applications by respondents No2 to 5 were taken up by the ECP and by order dated 9 February 2022, the ECP has accepted all these petitions.

He contended that it was repeatedly urged before the ECP that it had no jurisdiction to entertain the applications for disqualifications of the petitioner inter alia on the ground that it was not a court of law and the petitioner had already resigned as a member of the National Assembly. Moreover, he did not make any deliberate false statement before the Commission, while applications were also moved to prevent the Commission from proceeding in the matter.

The PTI leader maintained that the ECP has no jurisdiction to debar a person for life and passed drastic orders against the petitioner depriving him of his seat in the Senate of Pakistan. He prayed that the orders of the ECP dated 9 February 2022 may kindly be set aside and these be declared to be without jurisdiction and of no legal effect.

Copyright Business Recorder, 2022


Comments are closed.

Vawda moves IHC against disqualification

KSE-100 snaps 7-session rally as profit-taking kicks in

IHC acquits Nawaz Sharif in Avenfield reference

Imran Khan will not take part in intra-party polls, PTI announces

Inter-bank: rupee registers back-to-back gains against US dollar

Open market: rupee unchanged against US dollar

Caretaker PM meets Kuwait’s First Deputy Prime Minister

UAE’s Jaber rejects report on seeking hydrocarbon deals in COP28 meetings

TPL Life Insurance, Dar Es Salam Textile Mills move ahead with merger talks

Indian govt official directed Sikh separatist’s assassination plot in US, DOJ says

Israel, Hamas due to release more people amid efforts to extend truce