Disqualification stays IHC throws out Faisal Vawda's plea against ECP

ISLAMABAD/ KARACHI: The Islamabad High Court (IHC) on Thursday dismissed former federal minister Faisal Vawda's plea seeking revocation of his lifetime disqualification.

An Election Commission of Pakistan (ECP) bench on February 9 announced the verdict in the PTI leader's dual nationality case, disqualifying him as a lawmaker, Geo News reported. "...the court has not been able to persuade itself that the impugned order, dated 09-02-2022, suffers from any legal infirmity requiring interference. The petition is, therefore, accordingly dismissed," IHC Chief Justice Athar Minallah — who heard the case — said in the judgment.

Justice Minallah said the date for being qualified to be a member of Parliament was the date when the nomination papers were filed.

"...the process of relinquishment of the foreign nationality should have been completed and concluded before submission of the nomination papers," the judge noted.

The IHC noted that it is, indeed, a settled law when a citizen of Pakistan has acquired the citizenship of a foreign state, the latter shall not be qualified to be elected or chosen or being a member of Parliament until and unless such legal status — being a citizen of a foreign state — was obliterated or extinguished.

The judge said the petitioner had contested from NA 249, Karachi, in the general elections held in 2018. His notification as a member of the National Assembly was challenged before various forums, including the IHC.

In the petitions against Vawda, it was alleged that he had filed a false affidavit to get elected as an MNA. However, "for reasons best known to him", the former federal minister's conduct before the IHC remained "evasive" and he kept delaying the proceedings on one pretext or the other.

After delaying the proceedings for more than one year, he informed the court that he had resigned as a member of the National Assembly — leading to the dismissal of the petition against him.

Soon after his resignation, Vawda was elected as a member of the Senate of Pakistan. "It appears from the record that instead of establishing his bona fides by producing a certificate of renunciation of citizenship, proceedings were delayed by the petitioner before the commission," the IHC said.

Justice Minallah noted it was not "pleasant" for the court to disqualify an elected member of Parliament. "...the courts claim no supremacy over organs that represent the people of Pakistan.

"The petitioner’s conduct has led to disqualification of an elected representative and, regrettably, he alone is responsible for the consequences," it added. The Election Commission of Pakistan (ECP), meanwhile, announced that election for the Senate seat vacated after the disqualification of Vawda will be held on March 9.

The ECP announced that the polling for the vacant Senate seat would be held on March 9 in the Sindh Assembly building. The candidates can submit their nomination papers from February 17 to 19. The lists of the candidates will be displayed at the ECP’s Sindh office on February 21. Scrutiny of the nomination papers will be conducted on February 24, while appeals against the scrutiny decisions will be heard on February 28.