SHC seeks ECP’s comments on Vawda’s plea

KARACHI: The Sindh High Court (SHC) Tuesday directed the Election Commission of Pakistan (ECP) to file comments on a petition, filed by newly elected senator of Pakistan Tehreek-e-Insaf (PTI) Faisal Vawda, challenging the Commission proceedings against him with regard to the National Assembly constituency NA-249 election matter.

Petitioner’s counsel submitted that the Islamabad High Court (IHC) had disposed of the petition following resignation of the petitioner from NA seat, observing that the ECP could probe the issue with regard to submission of false affidavit before it.

The petitioner’s counsel submitted that the ECP could not start adversarial proceedings under Article 218 (3) of the Constitution. The ECP law officer submitted that petitioner was intimated several times to submit renunciation certificate of his US nationality, but he failed to produce the same. He said such proceedings were being conducted rightly by the ECP within the parameters of Article 218 (3) of the Constitution.

The SHC division bench, headed by Justice Mohammad Ali Mazhar, directed the ECP counsel to file comments by March 31 for further arguments on the petition. The petitioner submitted that he had been declared as the returned candidate for NA-249 Karachi in 2018 general election; however, the ECP was unlawfully entertaining applications with regard to his disqualification as a member of the parliament.

He submitted that he had already raised objections over the ECP jurisdiction to entertain the election dispute as it was time barred matter. Petitioner’s counsel submitted that the ECP had no mandate under the law to probe the matter leading to disqualification of candidates under Article 62 (1) (f) of the Constitution as it is not an election tribunal, which the ECP failed to appreciate and it is superseding its jurisdiction.

He submitted that he was no longer member of the National Assembly as his resignation had been accepted on March 3. The court was requested to declare the ECP proceedings as unlawful as the Commission had no jurisdiction to entertain complaints with regard to election dispute of NA-249 as it was time barred and it could not act as election tribunal.