IHC dismisses Vawda's intra-court appeal to stop ECP disqualification case

Bench lets ECP probe affidavit; remarks appellant failed to submit comments even after one and a half years

ISLAMABAD:

The Islamabad High Court (IHC) on Thursday dismissed the intra-court appeal of Senator Faisal Vawda and instructed the Election Commission of Pakistan (ECP) to decide his disqualification case within one month.

A division bench comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the intra-court appeal filed by Faisal Vawda seeking to stop ECP proceedings in his disqualification case.

Vawda's Lawyer Hasnain Ali Chohan contended that the opponent of his client in senate elections had filed a disqualification case on basis of an affidavit submitted to ECP.

Justice Miangul Hassan remarked that it was a requirement to submit an affidavit along with the nomination papers of the candidate. A person was still ineligible to hold the membership of Parliament if he had submitted a false affidavit even in previous elections, the court remarked.

On a query of the bench, the lawyer said that the affidavit submitted by Faisal Vawda to ECP was correct and his client had told the ECP as well in written form.

At this, Justice Farooq asked the lawyer then there was no problem; let the ECP probe affidavit. He remarked that Vawda also didn't submit comments in IHC even after one and a half years.

The court subsequently dismissed the case and upheld the decision of the single-member bench which had directed the ECP to conclude the case in sixty days.

It may be mentioned here that a single member bench previously had dismissed the plea of Faisal Vawda seeking to halt proceedings against him in the disqualification case.

In the intra-court appeal, the Pakistan Tehreek-i-Insaf senator contended that the case against him in the ECP had become invalid, as the body had failed to take a decision within the prescribed time limit. He further said the single-member IHC bench comprising the chief justice did not consider the facts described in his plea for similar relief.

In 2020, a petitioner filed an application before the ECP seeking Vawda’s disqualification for hiding information related to his dual nationality and challenged his election as a member of the National Assembly.

Earlier this week, the electoral body had granted one last chance to the senator to explain the concealment of his foreign nationality.

(With inputs from APP)