SC rejects Faisal Vawda’s plea seeking stay on ECP notification

ISLAMABAD: The Supreme Court Tuesday rejected a plea seeking stay of a notification on Pakistan People’s Party’s Nisar Khuhro’s win as Senator on a seat fell vacant after the disqualification of PTI’s Faisal Vawda.

A three-member bench of the apex court headed by Chief Justice Umer Ata Bandial and comprising Justice Syed Mansoor Ali Shah and Justice Ayesha A Malik heard the appeal of PTI leader Faisal Vawda challenging his lifetime disqualification.

Chief Justice Umer Ata Bandial, however, said the victory of the PPP candidate on the Senate seat fell vacant after the disqualification of Pakistan Tehreek-e-Insaf leader Faisal Vawda was temporary.

During the course of hearing, Waseem Sajjad, counsel for Faisal Vawda, requested the court to hold a notification on PPP candidate Nisar Khuhro's victory on the Senate seat in an election held on March 9.

The court, however, rejected the plea and observed that the candidate was declared as successful and it could not restrain the Election Commission of Pakistan from issuing a notification on his win.

The counsel for the Election Commission of Pakistan sought time for his reply, as he got a notice the other day. The ECP counsel told the court Nisar Khuhro had become a Senator unofficially on March 9 but a notification on his victory was yet to be issued.

The court accepted the ECP counsel’s seeking time for submitting his reply. Chief Justice Umer Ata Bandial observed that after the issuance of a notification, a notice would also be issued to the successful candidate.

Waseem Sajjad, counsel for Faisal Vawda, submitted that problems could arise if a notification on Nisar Khuhro’s win was issued hence he pleaded the court to restrain the Election Commission of Pakistan from issuing it.

Justice Syed Mansoor Ali Shah observed that they could not grant a stay in this regard. Waseem Sajjad contended that the legal point before the court was about the jurisdiction of Election Commission of Pakistan, adding it could not disqualify an elected member of the parliament.

Chief Justice Umer Ata Bandial while addressing the counsel said that the court could not restrain the ECP from issuing a notification. The CJP observed that the ECP had powers under Section 9 of the Election Act, adding that the court would also look into its limitations.

“Further we will also examine the clause under which the former senator was disqualified”, the CJP said. The CJP observed that the victory of the PPP candidate on the Senate seat left by the PTI candidate was temporary, adding that if the petitioner wanted to make Khuhro a respondent in the case, he could do so.

Waseem Sajjad, however, contended that Nisar Khuhro could himself file a plea to become a party to the case. The CJP, however, observed that if they wanted to wait for Khuhro, it could take at least three to four weeks. Meanwhile, the court first adjourned the matter until week commencing from April 12 but later on the request of the petitioner’s counsel adjourned the matter until April 6.