SHC suspends notification of PPP MPA Halepoto’s disqualification

The Sindh High Court suspended the election commission’s notification of the disqualification of Pakistan Peoples Party MPA Bashir Ahmed Halepoto from the provincial assembly constituency of PS-55 Badin-cum-Tando Mohammad Khan.

The interim order came at a hearing of a petition of Halepoto against his disqualification by the Election Commission of Pakistan.

The election commission had disqualified the MPA on a complaint from Mohammad Hassam Mirza, who alleged that Halepoto had become a polling agent of his rival candidate during the local bodies elections in Badin.

The petitioner’s counsel, Haq Nawaz Talpur, submitted that his client was appointed a polling agent by the competent authority in accordance with the election rules and regulations; therefore, his disqualification was illegal and unlawful.

He argued that the election commission could not initiate disqualification proceedings against Halepoto, as the complainant had not specifically sought his disqualification over the alleged violation of the code of conduct.

A lawmaker can only be disqualified either under Section 99 of the Representation of Peoples Act, 1976, or articles 62 and 63 of the constitution.

He further argued that the election body had also initiated contempt of court proceedings against his client despite the fact the Contempt of Court Act was applicable to politicians or candidates and not to the members of the national assembly or the provincial assembly. 

Claiming that the ECP violated articles 4 and 10-A of the constitution in proceedings against Halepoto, the lawyer pleaded with the court to set aside his disqualification.

The court suspended the election commission’s notification and directed the ECP to file comments in this regard by February 1.

 

Detention case 

A petition has been filed against the detention of a Muttahida Qaumi Movement-London activist by personnel of law enforcement agencies. 

Mukhtaran Haider submitted that her spouse Arif Haider, who is an employee of Karachi University, was unlawfully arrested by personnel of law enforcement agencies and his whereabouts were unknown. 

She requested that orders be issued for her husband’s appearance before the court.