The Election Commission of Pakistan (ECP) is unlikely to disqualify Maryam Nawaz from the vice presidency of Pakistan Muslim League-Nawaz (PML-N) in its upcoming verdict on a petition moved by the ruling party Pakistan Tehreek-e-Insaf (PTI) lawmakers, it is learnt. The ECP is scheduled to announce the verdict on August 27 on a petition against Maryam's appointment as the PML-N vice president moved by PTI Members of National Assembly (MNAs) Maleeka Ali Bokhari, Kanwal Shauzab, Javeria Zafar and Farrukh Habib. On August 1, the ECP concluded hearing of the case and reserved its verdict.
Considering that a related case against Maryam is already pending in the superior judiciary, the ECP is not likely to remove her (Maryam) from her party position, the ECP officials familiar with the case informed Business Recorder. In July last year, an accountability court had handed seven- year sentence to Maryam in the Avenfield Apartments reference.
On May 3, this year, Maryam was assigned the position of party's vice president by her uncle and President PML-N Shehbaz Sharif who shuffled certain key party cadres. On May 9, the four PTI MNAs moved the ECP against Maryam's appointment while taking the plea that since she was handed seven-year sentence by the accountability court; therefore, she is disqualified from holding any public or party office in the light of relevant constitutional provisions.
In September 2018, the Islamabad High Court (IHC) had suspended the prison sentences of Maryam and her husband Captain Muhammad Safdar (retd) and granted them bail. In January this year, the Supreme Court upheld the IHC's decision to grant bail to Maryam and her husband and dismissed the National Accountability Bureau's (NAB) appeal against the IHC's decision. The case since has been pending in the IHC.
"If the IHC gives a clean-chit to her (Maryam) then the ECP will have no reason to disqualify her. Unless the case is decided by the IHC, issuing a verdict against the defendant would lack a solid ground. If the ECP proceeds to disqualify the defendant but the IHC releases her in Avenfield Apartments case, the Commission's decision will require to be overturned," the source said.
Under the circumstances, the ECP is expected to take the view that it is not in position to act on the petition of PTI lawmakers and disqualify Maryam keeping in view the pending case in the IHC, the source said. Speaking to Business Recorder, former secretary ECP Kanwar Dilshad said that the existing constitutional and electoral provisions provide for disqualification of any individual, who is disqualified by any court of law in any case, from not only heading a political party but also from being its office-bearer. "But till the case is pending, the ECP would not be in position to send Maryam packing," he said.
The Section 5 (1) of Political Parties Order, 2002 reads, "(1) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party or be otherwise associated with a political party or take part in political activities or be elected as an office-bearer of a political party, provided that a person shall not be appointed or serve as an office-bearer of a political party if he is not qualified to be, or is disqualified from being, elected or chosen as a member of the Majlis-e-Shoora (Parliament) under Article 63 of the Constitution of the Islamic Republic of Pakistan or under any other law for the time being in force."
The former federal government of PML-N had got the Section 5 (1) of Political Parties Order, 2002 omitted by introducing relevant amendments in Elections Act 2017 and getting them passed by the Parliament which were signed into law by the President of Pakistan. These moves apparently aimed at allowing Nawaz Sharif to continue heading PML-N as its president despite being disqualified by the Supreme Court in Panama Papers corruption case on July 25, 2017.
But in February 2018, the Supreme Court, on petitions against Nawaz Sharif holding office of PML-N president, barred the former prime minister from heading the PML-N and removed him from the position of the party's president. "Such bar and prohibition shall commence from the date of disqualification and continue till such time that the lack of qualification/disqualification of such person continues in terms of the provisions of the Articles 62 and 63 of the Constitution," reads the Supreme Court's short order issued on February 21, 2018. In the light of the same judgement, the Section 5 (1) of the Political Parties Order 2002 stands restored, the ECP insiders informed Business Recorder.
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