Election Commission of Pakistan (ECP) will hear an important petition moved by the lawmakers from the ruling party Pakistan Tehreek-e-Insaf (PTI) seeking disqualification of Maryam Nawaz from the position of Vice President Pakistan Muslim League Nawaz (PML-N) on Monday.
A three-member bench of the ECP to be headed by Chief Election Commissioner former Justice Sardar Muhammad Raza is scheduled to hear the petition against the elevation of Maryam Nawaz as Vice President PML-N, moved by PTI MNAs Maleeka Ali Bokhari, Kanwal Shauzab, Javeria Zafar and Farrukh Habib.
The petition requests the ECP to order removal of Maryam Nawaz from the party position on the grounds that she was charged and sentenced to seven years by an accountability court in Avenfield corruption reference in July last year, and is therefore not fit to be an office-bearer of a political party in light of the relevant constitutional provisions.
Sources in the ECP told Business Recorder that the ECP would review the reply of Maryam Nawaz's counsel in Monday's hearing but chances that the ECP would issue an order against Maryam Nawaz appear slim since Avenfield corruption case is still pending in the courts, it is learnt.
"In such a scenario, the ECP is not in a position to issue any judgment against the accused till the matter is decided by the courts," commented a well-placed source at the ECP.
In September 2018, Islamabad High Court (IHC) had suspended the prison sentences of Maryam Nawaz and her husband Captain Safdar (r) and granted them bail.
In January this year, Supreme Court upheld IHC's decision to grant bail to Maryam and her husband and dismissed National Accountability Bureau (NAB's) appeal against IHC decision. The case is pending in IHC.
Talking to Business Recorder, former secretary ECP Kanwar Dilshad said the ECP would be bound to disqualify Maryam Nawaz from being the Vice President of PML-N if she is disqualified by the superior courts. "But till the case is pending, the ECP has no authority to send Maryam Nawaz packing," he remarked.
Kanwar Dilshad said the existing constitutional and electoral provisions provide for disqualification of any individual, disqualified by any court of law in any case, from not only heading a political party but also from being its office-bearer.
The Section 5 (1) of Political Parties Order 2002 reads, "(1) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party or be otherwise associated with a political party or take part in political activities or be elected as an office-bearer of a political party, provided that a person shall not be appointed or serve as an office-bearer of a political party if he is not qualified to be, or is disqualified from being, elected or chosen as a member of the Majlis-e-Shoora (Parliament) under Article 63 of the Constitution of the Islamic Republic of Pakistan or under any other law for the time being in force"
The former federal government of the PML-N had omitted Section 5 (1) of Political Parties Order by introducing relevant amendment in Elections Act 2017 and getting it passed by Parliament and signed into law by the president of Pakistan. These moves allowed Nawaz Sharif to continue heading PML-N as its President despite being disqualified by the Supreme Court in Panama papers case on July 25, 2017.
But, in February 2018, the Supreme Court, on petitions against Nawaz Sharif holding office of PML-N President, barred the former prime minister from heading the PML-N and removed him from the position of party president.
"Such bar and prohibition shall commence from the date of disqualification and continue till such time that the lack of qualification/disqualification of such person continues in terms of the provisions of Articles 62 and 63 of the Constitution", reads the Supreme Court's short order issued on February 21, 2018.
Kanwar Dilshad said that in the light of Supreme Court's order, the parliamentary amendment to omit Section 5 (1) of Political Parties Order 2002 in the Elections Act 2017 stands null and void. "After Supreme Court's decision, the law is very clear. Section 5 (1) of Political Parties Order 2002 is still intact. In my opinion, this means, Maryam Nawaz would not be allowed to be an office-bearer of PML-N if the courts decide against her. But till then, her position as PML-N vice president is not in danger," he told Business Recorder.
Maryam Nawaz was assigned the position of party's Vice President by her uncle and PML-N President Shehbaz Sharif on May 3 this year.
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