PHC upholds ECP decision to disqualify nazims, councillors

Floor-crossing

PESHAWAR: The Peshawar High Court on Thursday upheld the Election Commission’s decision to disqualify the district nazim Abbottabad, tehsil naib nazim from Swabi and councillors of Pakistan Tehreek-e-Insaf (PTI) and JUI-F for floor-crossing and for deviating from the parties’ decisions.

A PHC bench headed by Justice Roohul Amin Khan announced the verdict that had been reserved. The Election Commission had de-seated Abbottabad district nazim Sardar Sher Bahadur along with other members of the PTI’s forward bloc in the District Council on January 29.

The decision was taken under Section 78-A of Khyber Pakhtunkhwa Local Government Act for floor-crossing.   The ECP had also de-seated Shaukat Tanoli, Nazeer Abbasi, Dr Usama, Abdul Wahab, Muhammad Zulfiqar, Shehla Zulfiqar, Bushra Jadoon, Yasmin Tariq, Shiraz Iqbal Abbasi and Yasmin Bibi, all members of Abbottabad District Council.

It was stated that Sardar Sher Bahadar, PTI’s former district president in Abbottabad, had contested the local government elections as an independent candidate after the PTI refused to award him a ticket. When he won the election against the PTI candidate, the party cancelled his membership and moved the ECP to get him disqualified for violating the defection clause of Section 78-A of Khyber Pakhtunkhwa Local Government Act.

Subsequently, the ECP disqualified him along with the other winning members of PTI who had allegedly deviated from the party’s policy. The Peshawar High Court also dismissed the appeal of naib nazim of Chota Lahor in Swabi district and upheld the ECP decision about his disqualification.

Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman had cancelled the councillorship of Shahab Ali, the convener and naib nazim of Chota Lahor tehsil, after he reportedly violated the party head’s decision in the election.

Shahab Ali was elected the member of tehsil council of Chota Lahor on the ticket of Jamiat Ulema-e-Islam-Fazal ticket. However, he later formed an alliance with Sohail Khan, the nazim of Tordher tehsil who belongs to Pakistan Tehreek-e-Insaf. This went against the policy of JUI-F. He later became the naib nazim of Chota Lahor tehsil council. The JUI-F cancelled his seat and submitted application with the ECP to disqualify him.

As per the decision, the petitioners in the connected writ petitions contested the Local Government elections held on May 30, 2015 on the JUI-F ticket. They included Asghar Ali and three other councilors who were elected members of District Council Lakki Marwat.

Upon casting their votes for the candidate of district nazim against the direction of their party head, they were also served with notices under the impugned legislation. They ultimately defected the party.As per the decision, the petitioners as members of District Council Lakki Marwat cast their votes for the candidate of district nazim against the direction of their party head.