PTI Senator Faisal Vawda’s appeal to stay proceedings of the disqualification case against him in the Election Commission of Pakistan (ECP) got dismissed by the Islamabad High Court (IHC) on Friday.
It is to note that Vawda had filed the petition on Thursday against the decision of the ECP dated October 12. He had adopted the stance that the case against him in the ECP had become invalid as the body could not make a decision within the prescribed time limit. Through his application, he pleaded the court to stop the proceedings regarding his disqualification case, which was dismissed by the court.
Vawda’s counsel during today’s hearing argued that the ECP had to decide the application against the senator within 60 days of him being elected and thus the petition against Vawda was overdue and should be declared invalid.
As a response, IHC Chief Justice Athar Minallah, who was presiding over the hearing asked the counsel that “according to which law are you saying this?” The counsel stated that the ECP was bound to make a decision within 60 days according to the Elections Act, 2017.
The judge noted that the court would let the ECP take action in accordance with the law if he was in the clear, while adding that an application had been filed against Vawda within 60 days and called upon the senator to prove his innocence.
Justice Minallah went on to ask, “What are you afraid of? Let the Election Commission hear the case. Do you want the court to decide the [original] petition?”
“Did you submit a response in the ECP?” the judge asked Vawda’s counsel while inquiring about whether the issue was not challenged in 60 days and how many times the ECP was requested to adjourn the hearing.
Justice Minallah declared the Vawda’s plea inadmissible and rejected it.
A written order issued by the court stated that the argument advanced by Vawda’s counsel that the ECP was bereft of jurisdiction under the Elections Act, 2017, was “misconceived”.
“It can neither be avoided nor delayed by the petitioner or the commission. The commission is, therefore, directed to complete the probe expeditiously and with due diligence, preferably within sixty days from the date of receiving a certified copy of this order.” the court order stated.
“Likewise, the petitioner is expected to establish his bonafides by participating in the proceedings regarding the probe relating to the affidavit, failing which it would amount to an attempt to frustrate the implementation of the unambiguous direction of the august Supreme Court,” the court order added.
It is pertinent to note that a citizen, Dost Ali, had filed an application in 2020, in the ECP against Vawda, seeking his disqualification over hiding information pertaining to his dual nationality.
The petition stated that since Vawda had furnished an affidavit to the ECP to the effect that he was not a national of any other country at the time of contesting the elections, he had made a false statement on oath, hence he was disqualified under Article 62 (1)(f) of the Constitution.
