Sheikh Rashid. PHOTO: File
Meanwhile, Pakistan Peoples Party (PPP) also announced its intention to challenge the Elections Act, 2017
AML’s petition, filed by Dr Farogh Nasim under Article 184 (3) of the Constitution, nominated the Election Commission of Pakistan (ECP), Nawaz Sharif, PML-N and others as respondents.
The petition contends that Section 203 of the Election Act, 2017, did not expressly permit any person disqualified by any court of law to remain as or to become an office-bearer of a political party.
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“Disqualification recorded by a court of law under Articles 62 and 63 of the Constitution cannot be overtaken by sub-constitutional law and if a person cannot become parliamentarian because of the operation of constitutional law, he surely cannot become the head or an office-bearer of a political party.”
Terming the proposed amendment mala fide and unconstitutional, Rasheed contended that these amendments were being introduced just to accommodate Nawaz Sharif. Sheikh requested the Supreme Court to declare Nawaz Sharif disqualified as the head of the PML-N.
“Declare sections 203 and 232 of the Election Act of 2017 and deletion of Khatm-e-Nabuwwat oath through the (same) act to be completely without jurisdiction, unconstitutional, mala fide and [having] no legal effect,” he pleaded.
Talking to reporters outside the court, Rasheed said that the law was meant to ensure the election of a man disqualified by the Supreme Court to head his party. “There is no such historic precedent … No law was ever amended against the decision of the Supreme Court,” the AML chief said.
Meanwhile, a Supreme Court lawyer, who is also the senior vice-president of former chief justice Iftikhar Muhammad Chaudhry’s partym the PJ & DP, also filed a contempt petition against Sharif and Pemra Chairman Absar Alam for making ‘hate speeches’ against the judiciary.
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Sheikh Ahsenuddin advocate contended that Sharif refused to accept the SC verdict and resorted to persistent criticism of the judiciary. Similarly, he said, the chairman of Pemra was legally bound not to telecast contemptuous speeches of Sharif but he failed to do so.
In the meantime, the PPP also announced that it would challenge Section 203 of the Elections Act, 2017. A decision to this effect was taken during a meeting held here at the Zardari House.
“PPP has decided to challenge Section 203 of electoral reforms act in the Supreme Court. This has made room for any (person) disqualified by the (apex) court to become an office-bearer or even head a political party” a statement issued by PPP’s media office stated.
The petition will be filed by the party’s Secretary-General, Syed Nayyar Bukhari and Sardar Latif Khosa, who will lead the party’s legal team in the apex court, sources privy to the meeting said.
It is learnt that other political parties and lawyers’ bodies also intend to challenge this provision. PTI chief Imran Khan also announced to move court to scrap this provision. The Supreme Court Bar Association (SCBA), which called a meeting to be held on October 7, is also considering to file a petition in this regard.
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