ISLAMABAD: The Islamabad High Court (IHC) has turned down PTI Senator Faisal Vawda’s appeal to stop proceedings of the disqualification against him in the Election Commission of Pakistan (ECP).
Senator Vawda filed the petition on Thursday (Nov 11) in the IHC against the decision of the ECP dated October 12 through which his application to stop the proceedings regarding his disqualification case was rejected. He took the stance that the case against him in the Election Commission had become invalid.
During today’s hearing, Vawda’s counsel, Hasnain Ali Chauhan, argued before the IHC chief justice that the ECP had to decide the application against the senator within 60 days of him being elected, thus the petition against Vawda was overdue and should be declared invalid.
IHC Chief Justice argued, “under which law are you saying this?” The counsel responded that the ECP was bound to make a decision within 60 days according to the Elections Act, 2017.
The judge noted that an application had been filed against Vawda within 60 days and called upon the senator to prove his innocence and let the ECP take action in accordance with the law if he was in the clear.
“What are you afraid of? Let the Election Commission hear the case. Do you want the court to decide the original petition?” Justice Minallah asked.
He further inquired whether the issue was not challenged in 60 days and how many times the ECP was requested to adjourn the hearing.
“Did you submit a response in the ECP?” the judge asked Vawda’s counsel.
After hearing the counsel’s arguments, Justice Minallah rejected Vawda’s plea, saying it was inadmissible.
A citizen, Dost Ali, had filed an application in the ECP against Vawda, seeking his disqualification over hiding information pertaining to his dual nationality. The petition was filed in 2020 challenging his election as a member of the National Assembly on account of the fact that when Vawda filed his nomination papers for contesting the elections he held dual nationality as he was a US citizen as well.
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.
