ISLAMABAD: The poll body has dismissed the petition moved by two legislators of the Sindh Assembly from Pakistan Tehreek-e-Insaf (PTI) seeking disqualification of Pakistan People’s Party (PPP) bigwig Faryal Talpur under Article 62 (1) (f) of the Constitution of Pakistan for alleged non-declaration of her three properties in submission papers of 2018 general elections.
“Consequently, we are satisfied to hold that petitioners have not been able to make out a case of disqualification of respondent under 62 (1) (f) of the Constitution of Islamic Republic of Pakistan 1973. Resultantly, the petition is dismissed,” concluded the 15-page verdict issued, Wednesday, by a three-member bench that heard the case.
Shah Muhammad Jatoi, Babar Hassan Bharwana, and former Justice Ikramullah Khan are the bench members.
In June 2019, Arsalan Taj Hussain and Rabia Azfar Niazmi, PTI’s two Members Provincial Assembly (MPAs) from Sindh’s legislature, moved Speaker Sindh Assembly Agha Siraj Durrani seeking disqualification of PPP MPA Faryal Talpur, the sister of party supremo, Asif Ali Zardari, for the alleged non-declaration of her assets, under Article 62 (1) (f).
Article 62 (1) (f) provides that a person shall not be qualified to be elected or chosen as a member of parliament unless—he is “sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law.”
In July 2019, the petitioners moved the ECP after the speaker SA failed to decide the matter within the stipulated time period of 30 days under Article 63 (2).
This article provides that if any question arises whether a member of the parliament has become disqualified from being a member, the speaker or chairman (in case of senate) shall, unless he decides that no such question has arisen, refer the question to ECP within 30 days, and, if he fails to do so within the aforesaid period, it shall be deemed to have been referred to ECP.
The ECP was required to decide the related case within 90 days of its receipt under Article 63 (3) but failed to do so mainly due to a related case having remained pending in Sindh High Court (SHC).
In January 2020, the ECP dismissed the petition due to a lack of pursuance by the petitioners. However, in the next month, February 2020, the case was restored by the electoral body on an application moved by the petitioners. Talpur moved ECP against its order of restoring the case.
The ECP took a year to decide Talpur’s petition by rejecting it in February last year. Talpur then moved Islamabad High Court (IHC) against the ECP order but the IHC dismissed her petition in June last year—ruling that no interference was required in the ECP’s order.
The ECP reserved its verdict in Faryal Talpur disqualification case in October this year.
Copyright Business Recorder, 2022
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