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Monday April 15, 2024

SHC issues notice to ECP on plea for PPPP MNA-elect’s disqualification

SC in its order had held that mere initiation of process of relinquishment is not sufficient and during course of such process

By Jamal Khurshid
February 28, 2024
The Sindh High Court (SHC) building in Karachi. — SHC Website
The Sindh High Court (SHC) building in Karachi. — SHC Website

The Sindh High Court on Tuesday issued notices to the Election Commission of Pakistan and others on a petition seeking the disqualification of a Pakistan Peoples Party Parliamentarians MNA from Karachi for holding dual citizenship.

Petitioner Dr Pervez Gaffar, who is a voter of National Assembly constituency NA-241 South, challenged the eligibility of Baig to contest the poll, submitting that the MNA-elect had not renounced his Canadian citizenship and he was therefore liable to be disqualified.

He said the MNA had informed the ECP that he had renounced the Canadian nationality but the process had not yet been completed yet. He submitted that the respondent had not renounced the dual nationality at the time of the filing of his nomination papers.

The petitioner’s counsel said the respondent was not eligible to contest elections unless proceedings of renunciation of dual nationality were concluded. He said that the Supreme Court in its order had held that mere initiation of the process of relinquishment is not sufficient and during the course of such process, a dual national does not cease to be a citizen of A foreign country.

The court was requested to declare that Baig is not eligible for contesting the poll, and to direct the ECP to disqualify him for becoming member of the parliament under articles 62 and 63 of the constitution.

A division bench headed by Chief Justice Aqeel Ahmed Abbasi, after hearing the arguments of the counsel, issued pre-admission notices to the ECP and others and called their comments on March 12.