Haleem approaches SHC for CM’s disqualification

Pakistan Tehreek-e-Insaf MPA and leader of the opposition in the Sindh Assembly Haleem Adil Sheikh has filed a petition with the Sindh High Court (SHC) seeking disqualification of Sindh Chief Minister Syed Murad Ali Shah from the provincial assembly’s membership on the basis of submitting a false declaration about his dual nationality before the Election Commission of Pakistan (ECP) before the 2008 elections.

The petitioner submitted to the SHC that the CM should be disqualified from his membership of the Sindh Assembly as he had earlier been disqualified by the Supreme Court in a dual nationality case and directed to return all perks and privileges he had received from 2008 till 2013 but he did not comply with the order.

Sheikh claimed that Shah had contested the election on the basis of a false declaration and requested the high court to disqualify him for filing a false statement before the ECP. The petitioner submitted that the CM was not eligible for holding membership of the provincial assembly. He requested the high court to direct the ECP to de-notify Shah as a member of the provincial assembly.

The SHC has already been hearing an identical matter with regard to the disqualification of the CM on the same basis. The ECP informed the court that the appeal against exoneration of the CM on account of false declaration before the commission was filed.

The ECP special secretary submitted that after the Supreme Court’s judgment on dual nationality, Shah opted resignation from the seat of the provincial assembly instead of filing a declaration before the ECP that he was a holder of dual citizenship. The high court was informed that the resignation of Shah was accepted on November 30, 2013, while he had applied for renunciation of his Canadian citizenship on September 29, 2012.

The secretary submitted that the ECP had filed a criminal complaint against Shah in the light of the SC’s judgment on account of submission of false declaration during the 2008 general elections under the Representation of People Act and Pakistan Penal Code. He said the complaint was rejected by a sessions court and the ECP filed an appeal with the SHC.

He said the ECP also entertained an application of the petitioner for the disqualification of the CM but adjourned the matter sine-die till a decision of SHC came on criminal appeals. He submitted that the CM had contested the by-election in 2014 and declared returned as a result of uncontested elections.

The ECP submitted that the disqualification issue was again challenged before the SC during the 2018 elections but the apex court dismissed it, holding that Shah did not suffer from lifetime bar under the Article 62(1)(f) and was eligible to contest the elections in 2018. The secretary submitted that the review petition on the disqualification matter was also sub-judice before the SC.