Election Commission of Pakistan has rejected the application of Makhdoom Amin Faheem leader of Pakistan Peoples Party Parliamentarian (PPPP) in National Assembly, seeking disqualification of Chaudhry Shujaat Hussain under Article 62.
The order issued by Secretary Election Commission of Pakistan Hasan Muhammad explained that it was within the exclusive domain of the speaker or the Chairman Senate for referring a question to the Chief Election Commissioner (CEC) under clause (2) of Article 63 when any question arises whether a member of the 'Majlis-e-Shoora' (Parliament) has become disqualified from being a Member.
The Secretary EC further said that when a question of disqualification was so referred to the CEC. It would be decided in accordance with the constitution and the law.
Giving the details, the Secretary EC stated, "In view of the above, the application of Makhdoom Amin Faheem submitted through Babar Awan Advocate cannot not be processed by the office being not entertainable and is hereby returned."
An application was moved before the Secretary Election Commission on Tuesday at 1515 hours in person by Dr Babar Awan Advocate on behalf of Makhdoom Muhammad Amin Faheem seeking an order/direction under Article 63 (1) (q) of the Constitution of the Islamic Republic of Pakistan, 1973 to the effect that Chaudhry Shujaat Hussain Member National Assembly is disqualified being elected as Prime Minister of Pakistan.
The Secretary Election Commission stated that it appeared that Dr Babar Awan had conveniently overlooked the provisions of sub-Article (2) and (3) of Article 63 of the Constitution, which read thus;
"(2) If any question arises whether a member of 'Majlis-e-Shoora' (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, within thirty days from raising of such question refer the question to the Chief Election Commissioner."
"(3) Where a question is referred to the Chief Election Commissioner under clause (2), he shall lay such question before the Election Commission which shall give its decision thereon not later than three months from its receipt by the Chief Election Commissioner".
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