Maryam Nawaz has taken stance before the Election Commission of Pakistan (ECP) that her elevation as vice-president of Pakistan Muslim League-Nawaz (PML-N) is party's internal matter which, according to her, has nothing to do with the lawmakers of Pakistan Tehreek-e-Insaf (PTI) who have moved the Commission against the said appointment.
The ECP Thursday resumed the hearing of the case against Maryam's appointment as PML-N vice-president on a petition moved by PTI Members of National Assembly (MNAs) including Maleeka Ali Bokhari, Kanwal Shauzab, Javeria Zafar and Farrukh Habib earlier on May 9.
The petition termed Maryam's appointment as the party's vice-president unconstitutional, saying that since she was handed seven-year sentence by an accountability court in Avenfield Apartments reference in July last year; therefore, she is disqualified from holding any public or party office in the light of relevant constitutional provisions.
The ECP had sought written reply from Maryam on the matter. Through her counsel Barrister Zafarullah, Maryam got her written reply submitted before the Commission which stated that her appointment is PML-N's internal matter which has nothing to do with the petitioners. In the said reply, Maryam also took the stance that the Article 63, which bars a person from being a member of the Parliament, if convicted by any court of law, is applicable on party head and not on any other office-bearer of the party.
The case has been adjourned till the next hearing. During the previous hearing of this case on June 25, Maryam's counsel had prepared the reply regarding the appointment of Maryam Nawaz 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 a court of law from holding a public office, sources in the ECP told Business Recorder.
Reportedly, the said reply stated 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 Political Parties Order stands nullified in the light of a Supreme Court's decision, it decided not to submit the reply in Maryam's case and sought more time from the ECP on June 25, sources 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 PML-N had got the Section 5 (1) of Political Parties Order 2002 omitted by introducing relevant amendment in the Elections Act 2017 and getting them passed by the Parliament which was signed into law by the President of Pakistan. These moves apparently were aimed at allowing 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 for holding office of PML-N president, barred him 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 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, ECP insiders informed Business Recorder.