ISLAMABAD: The Election Commission of Pakistan (ECP) can denotify the parliamentary membership of Federal Minister of Water Resources Faisal Vawda without waiting for a related reference from the speaker National Assembly in case Islamabad High Court (IHC) disqualifies him in the dual nationality case.
Constitutionally, a reference from speaker NA speaker / Senate chairman is required to be moved to the chief election commissioner for the disqualification of any Member National Assembly (MNA)/Senator.
However, in case the superior judiciary disqualifies any parliamentarian and ask the ECP to de-notify his/her membership of Parliament, the ECP would not require the related reference from speaker NA or chairman Senate, Business Recorder has learnt. "Under normal circumstances, a reference has to be originated from the office of speaker NA in case of disqualification of an MNA and chairman Senate in case of disqualification of a senator.
The reference has to be sent to the CEC, which is put before the ECP, and then it is for the ECP to make a decision regarding disqualification of a lawmaker. But if a parliamentarian is disqualified by any superior court, then the matter is simple-the ECP does not have to decide the matter. So, a reference is not required. In such a case, the ECP has no option but to de-notify the membership of the lawmaker concerned," an ECP official told Business Recorder.
Articles 63 (2) and (3) of the Constitution of Pakistan respectively read, "(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."
In what comes as a troublesome scenario for Vawda, the ECP on Nov 4, 2020, submitted his affidavit before IHC. Vawda had submitted this affidavit, dated June 11, 2018, before the ECP in which he had claimed of giving up his United States nationality in order to contest general elections held on July 25, 2018. The IHC observed that the affidavit of June 11, 2018, was inconsistent with the fact that Vawda had given up his US citizenship on June 25 the same year.
In January this year, one Mian Faisal, through his counsel Advocate Jehangir Jadoon, moved IHC seeking Vawda's disqualification on the grounds that he was a dual national at the time of filing of his nomination papers before ECP to contest the 2018 general elections.
The petition said Vawda submitted his nomination papers on the last date which were cleared on June 18, 2018, adding that Vawda applied for renunciation of his nationality in the US Consulate, Karachi, on June 22 and the latter issued him the certificate on June 25. The petition said the court may declare Vawda not sagacious and honest and disqualify him under Articles 62 and 63 of the Constitution for filing a false affidavit.
Article 62 (1) (f) reads, "A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless :- (f) he is sagacious, righteous and non-profligate and honest and Ameen."
The Supreme Court of Pakistan in a past judgment categorically ruled that candidates who hold dual nationality are supposed to submit a renunciation certificate of the foreign nationality along with their nomination papers. The same judgment led to the disqualification of few lawmakers including Pakistan Muslim League-Nawaz (PML-N) senators Saadia Abbasi, the sister of former prime minister Shahid Khaqan Abbasi, and Haroon Akhtar, the brother of Pakistan Tehreek-e-Insaf (PTI) leader Humayun Akhtar. IHC will resume hearing the case on Nov 12.
Copyright Business Recorder, 2020