The petitioners, Makhdoom Niaz Inqilabi and Abrar Hussain Raza, filed the petition requesting the court to declare the proposed legislation illegal.
They have made the federation through secretaries of law ministry, establishment division, cabinet division, chairman Election Commission of Pakistan and former prime minister Nawaz Sharif as respondents.
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Following his disqualification, Sharif kept presiding over his party meetings, which is not allowed under Article 5 of the Political Parties Ordinance (PPO), 2002, as it states that a disqualified person cannot preside over any meeting of any political party.
The bill, presented before the Senate, was passed with a difference of one vote, they said, alleging that Sharif did “horse trading” to obtain votes in favour of the bill.
The Senate passed ERA 2017, after being approved by the National Assembly on September 22, 2017, they said, adding that the act is against the basic scheme of the Constitution as no law can be passed against Islamic injunctions.
“Instant enacted law is against the teachings of Quran and Sunnah,” they stated.
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Recently, both the lawyers had filed several petitions seeking to have the Sharif family members names put on the Exit Control List (ECL), to bar deposed prime minister from heading his political party as well as to cancel registration of PML-N as it is registered in the name of a disqualified person (Sharif).
After the ECL petition was dismissed, they filed an Intra-Court Appeal against it.
Inqilabi also sought contempt proceedings against Sharif for allegedly passing derogatory remarks against superior courts’ judges during his GT Road march after his disqualification. Now, they have prayed the IHC to declare ERA 2017, illegal.
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