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ISLAMABAD: The Election Commission of Pakistan (ECP), Wednesday, disqualified for life the Pakistan Tehreek-e-Insaf (PTI) Senator Faisal Vawda in dual nationality case under Article 62 (1)(f) for filing a fake affidavit and concealing facts related to his American nationality.

A three-member ECP bench led by Chief Election Commissioner Sikandar Sultan Raja and comprising ECP Members Nisar Ahmed Durrani and Shah Muhammad Jatoi announced the verdict in the case that was reserved on December 23rd last year.

“……in exercise of powers under Article 218(3) of the constitution read with Section 8(c) of the Elections Act 2017, we conclude and hold that the respondent at the time of filing of his nomination papers for the constituency was not an eligible/ qualified person in terms of Article 63(1)(c) of the constitution and has submitted false affidavit and declaration to this effect which squarely falls within the ambit of Article 62(1)(f) of the constitution,” reads the verdict.

“Resultantly, the respondent, who has since resigned from the membership of National Assembly, is directed to refund all monetary benefits drawn by him for the period during which he occupied the seat of National Assembly and held the public office and drawn his emoluments from the public exchequer including monthly remunerations, TA/ DA facilities of accommodation along with other perks which shall be deposited with the secretary National Assembly within a period of two months,” reads the 27-page detailed verdict.

“Moreover, it is a matter of record as discussed above that respondent had filed a false affidavit along with his nomination papers before the returning officer on 07.06.2018, on the basis of which he contested election for the seat of National Assembly and thereafter became a federal minister.

Admittedly, he tendered his resignation from the seat of National Assembly on 03.03.2021 (polling day of Senate elections) when the case was being argued before the honourable Islamabad High Court, which makes his conduct doubtful, as he, in order to cover his guilt, resigned from the seat of National Assembly after casting vote as MNA for Senate elections and presented himself for the seat of Senate. Such an act further makes the issue doubtful. Therefore, we unanimously hold that notification dated 10.03.2021 to the extent of respondent as a senator be withdrawn forthwith on account of filing false affidavit, misstatement/false declaration on oath which bear consequences,” the verdict reads.

ECP disqualifies PTI's Faisal Vawda in dual nationality case

ECP Deputy Director (Coordination) Tauqir Iqbal notified that the notification dated March 10, 2021, of Vawda been declared as returned candidate to Senate on general seat from Sindh was withdrawn.

Pakistan Peoples Party (PPP) Member National Assembly (MNA) Qadir Khan Mandokhail, the main petitioner in the case, welcomed the verdict.

His party chief Bilawal Bhutto Zardari tweeted: “One more PTI wicket down. Congratulations team PPP.”

Vawda was not available to comment on the issue.

Information Minister Fawad Chaudhry told media that Vawda’s disqualification was “not a big deal,” adding that he would move superior judiciary against the electoral body’s decision.

The Article 62 (1) (f) provides that a person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless he is “sagacious, righteous and non-profligate and honest and ameen.”

Article 63 1(c) reads that a person shall be disqualified from being elected or chosen as, and from being a member of Parliament, if he “ceases to be a citizen of Pakistan or acquires the citizenship of a foreign state.”

Mandokhail was elected as MNA in the by-election held in April last year on National Assembly’s seat NA-249 Karachi that was vacated by Vawda.

Apart from the PPP MNA, Mian Asif Mehmood, Mian Faisal and Dost Ali Jessar had filed petitions in the ECP seeking Vawda’s disqualification in the dual nationality case.

In November last year, the IHC directed the ECP to decide Vawda’s dual nationality case within 60 days, while rejecting Vawda’s petition to halt the ECP proceedings in the dual nationality case.

An ECP official told Business Recorder that electoral body was not required to wait for a reference from chairman Senate to de-notify Vawda’s Senate membership, keeping in view that the commission was mandated by the IHC to decide the case and initiate action accordingly.

Article 63(2) reads that if any question arises whether a member of Parliament has become disqualified from being a member, the speaker or the chairman shall refer the question to the ECP within 30 days and “if he fails to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission.”

In October 2018, Supreme Court disqualified two senators, Saadia Abbasi and Haroon Akhtar under Article 63 (1) (c) but their disqualification was simply for having dual nationality and not for misrepresentation of facts under Article 62 (1) (f).

In the disqualification cases of Nawaz Sharif and Jahangir Tareen, the apex court declared that disqualification under 62 (1) (f) is for life.

Copyright Business Recorder, 2022

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