Election Bill challenged in IHC

ISLAMABAD: Two petitioners have moved the Islamabad High Court (IHC) against the Election Reforms Act (ERA) 2017 saying that allowing a disqualified person to head a political party is against the spirit of the Constitution, Islam, Quran and Sunnah.

Petitioners Makhdoom Muhammad Niaz Inqilabi and Abrar Hussain Raza both are lawyers. Abrar Hussain Raza from Pakistan Awami Tehreek (PAT) has earlier filed petitions for putting names of Sharif family on exit control list (ECL), and barring Nawaz Sharif from heading his political party after he became a disqualified person. He sought from the Election Commission of Pakistan to cancel registration of PML-N as it is registered in the name of a disqualified person.

Second petitioner, Makdoom Niaz Inqilabi had recently moved IHC for initiation of contempt of court proceedings against Nawaz Sharif saying that he passed derogatory remarks against superior courts of the country when he marched on G T Road following his disqualification.

The petitioners have cited federation of Pakistan through secretary Law & Justice, Establishment Division, Cabinet Division, ECP through its chairman and secretary and former prime minister of Pakistan Mian Muhammad Nawaz Sharif as respondents.

The petitioners contended in the petition that the former prime minister Mian Nawaz Sharif was disqualified from being a member of the National Assembly through an order of Supreme Court of Pakistan on July 28 following which a notification was issued by the ECP.

Following his disqualification, Nawaz Sharif kept presiding over his party against whom both the petitioners as well as dozens others moved ECP asking as to how a disqualified person can head a political party. They also sought cancellation of registration of Pakistan Muslim League-Nawaz (PML-N) because it is registered in the name of a disqualified person. 

The petitioners contended in the recent petition that according to article 5 of the political parties’ ordinance (PPO) 2002, a disqualified person cannot preside over any meeting of any political party. A disqualified person cannot become president of a party nor head any political party, they said.

This matter is sub-judice before the ECP while treasury benches in the Senate of Pakistan introduced ERA 2017 and with a difference of one vote only, the bill was adopted. The petitioner alleged that Mian Nawaz Sharif did horse trading to get votes in favour of the bill and the party to which the senator belonged has cancelled his membership for voting in favour of this bill. Senate of Pakistan passed ERA 2017 after it was passed by the National Assembly on September 22, 2017. According to the petitioner ERA 2017 is against the basic scheme of the Constitution of Pakistan as no law can be passed against the Islamic injunctions. Further, the ERA-- to the context of allowing a disqualified person to head the party-- is also in contravention of the teachings of Quran and Sunnah.

The petitioners referred to a Supreme Court judgment 1992 SCMR 2192 that says that the courts while construing the provisions of statutes should make efforts that the interpretation of the relevant provisions of the statutes should be in consonance with the article 2-A of the Constitution and the ground norms of human rights.