Challenging disqualification: SC to take up Vawda’s petition today

ISLAMABAD: The Supreme Court will take up on Tuesday the petition of Pakistan Tehreek-e-Insaf ex-senator Faisal Vawda, challenging his disqualification. A three-member bench of the apex court, headed by Chief Justice Umar Ata Bandial and comprising Justice Sajjad Ali Shah and Justice Muhammad Ali Mazhar, will hear the petition of Faisal Vawda.

Faisal Vawda had filed a petition in the Supreme Court under Article 185(3) of the Constitution for leave to appeal against the order of the Election Commission of Pakistan (ECP) dated February 9 and judgment of the Islamabad High Court dated February 16, 2022.

The ECP on February 9, 2022 had disqualified Pakistan Tehreek-e-Insaf senator and former MNA and federal minister Faisal Vawda under Article-62 (1) (f) of the Constitution in a dual citizenship case.

In the 27-page judgment, the chief election commissioner (CEC) had held that Faisal Vawda had submitted a false affidavit while submitting his nomination papers for the 2018 elections. The Supreme Court had ruled in April 2018 that the disqualification handed down under Article 62 (1)(f) of the Constitution was for life. Following the judgment, the ECP had also denotified him as senator. He was notified as a returned member of the Senate on March 10, last year.

The Election Commission had held that Vawda, at the time of filing his nomination papers, was not eligible/qualified person in terms of Article-63(1) (c) of the Constitution and had submitted a false affidavit and declaration to this effect, which squarely falls within the ambit of Article-62 (1) (f) of the Constitution.

The ECP had directed Faisal Vawda to refund all monetary benefits drawn by him for the period during which he occupied the seat of the National Assembly and held public office and drew his emoluments from the public exchequer, including monthly remunerations, TA/DA, facilities, accommodation, along with other perks, which shall be deposited with the National Assembly Secretary within a period of two months.

Filed through Barrister Waseem Sajjad, Vawda had contended in his petition that Order of the Election Commission of Pakistan dated February 9 and the Islamabad High Court judgment dated February 16, 2022 are arbitrary without lawful authority and of no legal effect, adding that it is also contrary of the judgments of the Supreme Court of Pakistan.

He had prayed to the apex court to set aside the order of the Election Commission of Pakistan (ECP) and the Islamabad High Court (IHC).