Yet again, the former ruling party Pakistan Muslim League-Nawaz (PML-N) failed to submit its reply in the Election Commission of Pakistan (ECP) over the appointment of Maryam Nawaz as the party's vice-president while the Commission has adjourned the case hearing till July 4.
A three-member bench of the ECP headed by Chief Election Commissioner former Justice Sardar Muhammad Raza on Tuesday conducted the hearing on a petition against the elevation of Maryam Nawaz to vice-president PML-N, moved by the ruling party Pakistan Tehreek-e-Insaf's (PTI) Members of National Assembly (MNAs) Maleeka Ali Bokhari, Kanwal Shauzab, Javeria Zafar and Farrukh Habib earlier on May 9.
During the proceedings, PML-N's counsel Barrister Zafarullah contended that he did not receive the copy of the petition and the notification of Maryam's appointment as vice-president. Instead, he said, the petitioners provided press clippings containing news items suggesting that Maryam was appointed as vice-president of PML-N a few days back.
The defence counsel sought time till next week to furnish a reply in the case. The ECP bench directed that the defence counsel be provided with a copy of the petition and adjourned the case till July 4 while directing Zafarullah to furnish the reply on the given date.
The PTI petition requested the ECP to order removal of Maryam from the party slot 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 the light of relevant constitutional provisions.
Sources in the ECP told Business Recorder that the PML-N has prepared its reply regarding the appointment of Maryam as vice-president but did not submit it in the ECP. The said reply defended Maryam's appointment while taking the stance that there is no constitutional restriction on a person to hold a party office who is otherwise convicted or disqualified by the court of law from holding a public office, sources added.
Reportedly, the said reply states that the Section 5 (1) of Political Parties Order 2002, which bars a person from holding a party office who is convicted or disqualified by a court of law from holding public office, has been omitted by the Elections Act 2017, it is learnt. However, when the PML-N's legal team learnt that the parliamentary legislation to omit the Section 5 (1) of the Political Parties Order stands nullified in the light of the Supreme Court decision, it decided not to submit the reply in Maryam's case and sought more time from the ECP, sources further said.
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 the 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 got the Section 5 (1) of Political Parties Order 2002 omitted by introducing relevant amendments in the Elections Act 2017 and getting them passed by the Parliament which were signed into law by the then president of Pakistan. These moves apparently aimed at allowing Nawaz Sharif to continue heading PML-N as its President despite being disqualified by the Supreme Court in Panama Papers corruption 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 the party's 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 the Articles 62 and 63 of the Constitution," reads the Supreme Court's short order issued on February 21, 2018. In the light of the same judgement, the Section 5 (1) of the Political Parties Order 2002 stands restored, the ECP insiders informed Business Recorder.
On June 17, during the previous hearing of Maryam's case, the PML-N had not submitted reply over PTI's petition against her appointment as party's vice-president and had sought more time following which the case was adjourned till June 25 before it has been adjourned again till July 4.
Maryam was assigned the position of party's vice-president by her uncle and President PML-N Shehbaz Sharif who shuffled certain key party cadres on May 3 this year.