Khuhro notified as senator on slot vacated by Vawda

SC rejects PTI leader’s plea to restrain commission from issuing notifications

ISLAMABAD:

The Election Commission of Pakistan (ECP) on Tuesday notified the victory of PPP’s Nisar Ahmed Khuhro as a senator on the seat that fell vacant after PTI leader Faisal Vawda’s disqualification over dual nationality.

Separately, the Supreme Court rejected Vawda’s plea to restrain the ECP’s notification about the victory of Khuhro as a senator.

A three-judge bench, headed by Chief Justice of Pakistan Umar Ata Bandial, Justice Mansoor Ali Shah, and Justice Ayesha Malik heard the case.

The PTI leader's counsel, Wasim Sajjad, had requested the court to delay the issuance of the notification declaring the PPP leader’s victory on the Senate seat in an election held on March 9.

CJP Bandial noted that the victory of the candidate on the seat left vacant by Vawda was “temporary”.

Also read: Vawda disqualified for life in dual nationality case

He added that the court would not “delay the case”. “If the petitioner wants to make Khuhro a respondent in the case, then he should do so.”

To this, Vawda’s lawyer said that Khuhro could himself file a plea to become party to the case. However, Justice Bandial responded that if they wanted to wait for Khuhro then it could take at least three to four weeks.

Sajjad said there was a delay in the process due to the SC’s stay order. At this, the court said that it did not stop anyone from issuing notifications.

“If Vawda loses the case then it will be akin to winning the jackpot for the victorious candidate [elected on the PTI leader’s seat],” the CJP added.

The top judge observed that there were consequences of filing fake affidavits and violating the code of conduct.

CJP Bandial noted that the ECP had powers under Section 9 of the Election Act, adding that the court would review the clause used by the election watchdog to sack the former senator.

Also read: Vawda challenges lifelong disqualification in SC

The ECP lawyer sought time to submit a response in the case, adding that the notice was received a day ago and time was required to write a response.

The apex court accepted the request and adjourned the hearing on Vawda’s disqualification till the first week of April.

During the last hearing on March 1, the apex court had turned down Vawda's request to suspend the ECP’s decision regarding his lifetime disqualification under Article 62(1)(f) of the Constitution.

It had also turned down his counsel's request to put the March 9 Senate seat election on hold.

CJP Bandial had observed that the top court would consider the petition submitted by the PTI leader as it raised questions over ECP's powers.

"The important aspect of this case is the jurisdiction of the ECP," the top judge court had said, noting that the bench would consider whether the commission had the authority to disqualify elected lawmakers for life.