ECP has ‘no jurisdiction’ to disqualify lawmakers: SC
In a case related to former PTI leader Faisal Vawda’s lifetime disqualification, The Supreme Court (SC) has ruled that the Election Commission of Pakistan (ECP) has no jurisdiction to disqualify an elected lawmaker or a candidate before election.
The Supreme Court issued a four-page brief written verdict in the Faisal Vawda disqualification case, by Chief Justice of Pakistan Umar Ata Bandial.
Faisal Vawda told the court that he received the citizenship renunciation certificate from the US authorities on June 25, 2018.
Vawda was not eligible for contesting elections in 2018, the short order noted, but added that after tendering an unconditional apology, Article 63 (1) (C) was applied to him — and now he can contest elections for the next assembly term.
The SC ordered senator to tender his resignation from the upper house.
“ECP has no jurisdiction […] to inquire into and decide upon the matter of pre-election disqualification and disqualification of a returned candidate,” the written verdict said.
Earlier, the SC had given two options to the former federal minister, either to admit his mistake and be disqualified under Article 63(1)(c) or else the court would punish him for life disqualification under Article 62(1)(f).
“If you apologise before the court with good intentions, then your disqualification will be limited to five years. In case you do not resign, then the court will proceed under Article 62(1)(f).” CJP said.
Faisal Vawda had approached the Supreme Court after being disqualified by the Election Commission of Pakistan (ECP) in January after the Islamabad High Court rejected the petition against his disqualification.
Faisal Vawda admitted his mistake of submitting a false affidavit of concealing his US citizenship.
As Vawda agreed to the unconditional apology and tendering his resignation, the court revoked the lifetime ban and allowed him to contest in the next elections.
Notably, the Election Commission of Pakistan had disqualified Vawda in February for concealing his US citizenship and directed him to return the salary and other benefits he had received as a minister and as a member of the National Assembly, within two months. It had also de-notified him as a senator.
