Verdict reserved on ex-MNA’s plea against disqualification

IHC bars ECP from releasing re-polling results of NA-91 till decision on petition

ISLAMABAD: The Islamabad High Court (IHC) on Thursday reserved its judgment on a petition challenging the decision of the Election Commission of Pakistan (ECP) to disqualify Member of National Assembly (MNA) Shah Muhammad from NA-89, Bannu.

Justice Aamer Farooq of IHC conducted the hearing on the petition filed by Shah Muhammad, challenging the ECP decision. The petitioner was disqualified by the ECP after his name appeared in the Fourth Schedule list.

According to Section 11EE of the Anti-Terrorism Act, the Fourth Schedule is to include “any person who is an activist, office-bearer or an associate of an organisation kept under observation … or proscribed … or … affiliated with any group or organisation suspected to be involved in terrorism or sectarianism”.



The petitioner's counsel Dr Baber Awan pleaded that the Bannu district police officer (DPO) had given a clearance certificate to his client before he submitted his nomination papers to the ECP. He argued that placing his client's name in the Fourth Schedule list contradicted with basic human rights laws.

He further contended that an MNA's eligibility could be challenged only under Articles 62, 63 of the Constitution.
After hearing the arguments from both sides, the bench reserved its judgment regarding the matter.

Sargodha re-polling

The IHC also dismissed the request of Pakistan Muslim League-Nawaz (PML-N) Member of National Assembly (MNA) Zulfiqar Bhatti, seeking stay on re-polling at 20 polling stations of NA-91, Sargodha. However, it has barred the ECP from issuing the polling results till it decides the main petition.

Justice Aamer Farooq conducted the hearing on a petition filed by the MNA against the decision of the ECP.

During hearing, Justice Farooq remarked that the court was viewing the orders of ECP for re-polling in the constituency. The bench could also turn down the decision of ECP in this regard, he added.

The judge enquired under which powers did the ECP issue orders for re-election in NA-91.

At this, an ECP representative informed the bench that the electoral body had issued this order under Section 9. The section empowers the ECP to declare an election void on the ground of disenfranchisement of women.

The court adjourned the case till February 15