ECP dismisses reference against PTI’s Senator Abro

ISLAMABAD: The Election Commission of Pakistan (ECP) has dismissed the disqualification reference against Senator Saifullah Abro of the Pakistan Tehreek-e-Insaf (PTI), terming it “devoid of merit and lacking evidence.”

In a 10-page reserved decision, the ECP rejected the petition filed by Senator Shahadat Awan of the Pakistan People’s Party (PPP) and one Majid Mahmood.

The ECP bench had reserved its judgment on January 7 after hearing arguments from both sides and announced its decision on Thursday.

“…There is a maxim that ‘Law favours the vigilant and not the indolent’ and ‘Delay defeats equity.’ The aforementioned order of the august Supreme Court was passed in March 2021, and the references for the respondent’s disqualification were submitted to the Senate chairman by the applicants in October 2024—after a lapse of almost three years and seven months,” the order stated.

It further said that the applicants had neither filed an election petition before the election tribunal nor pursued a civil suit for declaration in a competent court of law. The order also referenced a decision by the divisional bench on March 1, 2021, which acknowledged the respondent’s national achievements and the completion of major projects ahead of stipulated timelines.

“The respondent (Saifullah Abro) has also submitted a list of projects and details of his years of service as a civil engineer, including his tenure at government organisations. Therefore, the question referred by the Senate chairman through these references is decided in the negative, as it is devoid of merit and evidence,” the judgment added.

The ECP verdict emphasised that the law provides specific remedies for resolving disputes arising from elections to assemblies and the Senate, including issues of qualification and disqualification. Article 225 of the Constitution of Pakistan states that “no election to a House or Provincial Assembly shall be called into question except by an election petition presented to such tribunal in such manner as may be determined by Act of Majlis-e-Shoora (Parliament).”

Similarly, Section 139 of the Elections Act, 2017, stipulates that elections for the National Assembly, Senate, or Provincial Assemblies can only be contested through an election petition filed before an election tribunal.

The disqualification reference against Senator Saifullah Abro was sent to the ECP by Senate Chairman Yousaf Raza Gilani, claiming that Abro did not meet the criteria for a technocrat seat, despite a pending NAB reference.

The reference alleged that the information provided in Abro’s affidavit regarding dependents, agricultural income, and assets was misleading.

It further claimed that the wealth statement submitted with his nomination papers concealed agricultural land owned by his children.

Senate Chairman Yousaf Raza Gilani had invoked Article 63(2) of the Constitution, referring the matter to the ECP to decide whether Senator Saifullah Abro had become disqualified for Senate membership.