Faisal Vawda submits written arguments in SC over disqualification

ISLAMABAD: Written contentions have been submitted in the Supreme Court against disqualification of PTI MNA Faisal Vawda , ARY News reported on Monday.

The arguments have been filed in the apex court over the election commission’s mandate to declare a lawmaker disqualified.

A public office holder could not be disqualified for life over a false affidavit, according to the arguments.

“Various supreme court decisions clarify that the election commission is not a court of law,” Vawda said. “The election commission could not disqualify a member  for life under Article 62 (1)-F”, according to the contentions submitted by Faisal Vawda.

“The election tribunal is a concerned forum to declare a public office holder disqualified.”

Court trial is compulsory for disqualifying a public office holder over false affidavit, according to the contentions.

“The court while giving its verdict over the false affidavit should also consider over the reasons.”

Various supreme court decisions have been referred in written contentions over the case.

A three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial comprising Justice Mansoor Ali Shah and Justice Ayesha Malik will take up the plea on March 15.

Vawda filed a petition in the Supreme Court under Article 185 (3) of the Constitution for leave to appeal against the order of the Election Commission of Pakistan dated February 9 and a judgment of the Islamabad High Court dated February 16, 2022.

An ECP bench, led by Chief Election Commissioner Faisal Sultan Raja, had disqualified Vawda for concealing his dual nationality with a direction to return the salary and other benefits he had received as a minister and National Assembly member within two months. He was also de-notified as a Senator.

Earlier this month, the Supreme Court had turned down a request by PTI leader Faisal Vawda to suspend the Election Commission of Pakistan’s (ECP) Feb 16 verdict regarding his lifetime disqualification.

The court has issued notices to the ECP and PTI MNA Abdul Qadir Mandokhel to file their response to the PTI leader’s petition challenging his disqualification from parliament.