LHC nullifies ECP’s decision to disqualify Punjab MPA

LAHORE: The Lahore High Court (LHC) has nullified the disqualification verdict of an MPA-elect Mian Tariq Mehmood in the 2013 general polls by the Election Commission of Pakistan (ECP), ARY News reported on Thursday.

The LHC declared the disqualification of a Pakistan Muslim League Nawaz (PML-N) Member of the Provincial Assembly (MPA) in Punjab, Mian Tariq Mehmood, in 2019.

The LHC stated in its verdict that the Election Commission of Pakistan (ECP) has no power to disqualify an MPA on a reference filed by a private person. The ECP is only authorised to hear the disqualification reference sent by the speaker or the Senate chairman.

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It further stated that the ECP can exercise the powers under Article 63(2) but the commission misused the powers prohibited by the law.

Justice Shahid Karim decided the legal point after accepting the plea. Mian Tariq Mehmood – a PML-N MPA-elect in PP-113 Gujrat – had been disqualified for allegedly hiding his assets in 2019.

The high court observed that the commission had disqualified MPA Mehmood while exercising the powers under clause 3 of Article 218 which does not come under its jurisdiction. It added that the ECP’s move cannot be accepted.

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The high court added that the ECP is responsible for holding transparent elections in accordance with the Constitution. The court observed that the Constitution of Pakistan allows such a disqualification but the power is subject to a number of limitations.

It added that ECP cannot be given the authority to take action on the disqualification plea submitted by a private person which will harass the members of the parliament. The LHC ruled that expanding the scope of the powers is against the rule of law and the Constitution.

The LHC ruled that MPA Mian Tariq Mehmood’s disqualification verdict was a classic case of ECP’s misuse of powers.