ISLAMABAD: The Election Commission of Pakistan (ECP) on Monday reserved verdict on a petition seeking to declare the Senate seat of former finance minister Ishaq Dar as vacant for not taking the oath, ARY News reported.
Ishaq Dar’s counsel Salman Aslam Butt appeared before the ECP to represent his client.
The counsel argued that the notification of Ishaq Dar’s success on the Senate seat was issued on March 09, 2018, while on March 29 same year this notification was suspended.
After dismissal of a petition from Supreme Court, that notification was restored, counsel said. “A government notification was not applicable over him. How could he had taken oath when notification of his success on the seat was suspended,” counsel argued before the ECP panel hearing the case.
Dar’s lawyer further argued that disqualification under Article 63-p could not applicable under an ordinance, while the time of the ordinance has already lapsed.
The counsel pleaded to the ECP that the election commission should withdraw the notice with regard to declaring Dar’s Senate seat as vacant.
“The question is whether Mr. Ishaq Dar has been disqualified or not,” a member of the ECP said. The KP member of the ECP questioned, “If he was disqualified before the amended law, how could he become eligible now?” “The election commission could not interpret a law,” member observed.
Salman Butt argued that even a member does not take the oath of office for five years he could not be disqualified. “The clause with regard to ineligibility of a member if he fails to take the oath for two months, has been removed from the Election Act,” the counsel argued.
“The ordinance promulgated by the PTI government was unconstitutional,” Dar’s lawyer said.
