Monday October 02, 2023

ECP dismisses disqualification reference against former PTI MPA

June 07, 2023

ISLAMABAD: The Election Commission of Pakistan Tuesday rejected a disqualification reference against former member provincial assembly Punjab from Pakistan Tehreek-e-Insaf Chaudhry Masood Ahmad for failing to cast his vote in favour of PTI’s candidate for the chief ministerial slot last year. The four-member bench headed by Commission’s Sindh member issued the order, for which, the hearing was held on February 7 this year in the Imran Khan Niazi versus Ch. Masood Ahmad case. Ch. Parvez Elahi was PTI’s candidate for the chief ministerial slot.The respondent had taken the stance that he was abroad and was unable to come back to the country for casting his vote on account of lost passport. The record revealed that neither the secretary general PTI nor any other leader of the party had refuted the claim of the respondent.

The commission said in its order “as the respondent was not present in the session of the Assembly, therefore, it could not be construed that he abstained there from casting his vote.” It is a part of the record that respondent had come to Pakistan on an emergency passport issued by Pakistan Embassy in Turkey, which fact, was not declined by other party, in their correspondence. In such circumstances, it could not be held that the case of respondent comes within the ambit of disqualification, in terms of Article 63-A (1) (b) of the Constitution, read the ECP order.

It further says, “since the ECP was bound in terms of clause 3 of Article 63A to decide the reference within 30 days but, on account of non-attendance of the parties, particularly the petitioner side, the ECP did not decide the reference within the prescribed 30 days as envisaged thereunder clause 3 of Article 63-A. As discussed herein above, this reference fails on merit and the reference is not confirmed and answered in negative.”