ISLAMABAD: Former federal minister Faisal Vawda on Monday submitted a written synopsis in the Supreme Court challenging the jurisdiction of the Election Commission of Pakistan (ECP) to disqualify lawmakers.
Senior Advocate Waseem Sajjad, counsel for Faisal Vawda, in the written response submitted through Advocate-On-Record Syed Rafaqat Hussain Shah, cited various Supreme Court decisions that the Election Commission was not a court of law.
The council said the ECP could not disqualify a member (of the Parliament) for life under Article 62 (1)-F. A court trial was compulsory for disqualifying a public office-holder over a false affidavit, he said, adding the court should consider the reasons while giving its verdict over the false affidavit.
A public office-holder could not be disqualified for life over a false affidavit, he said.
A three-member bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Mansoor Ali Shah and Justice Ayesha A Malik will take up the plea on March 15.
Faisal Vawda filed a petition in the Supreme Court under Article 185 (3) of the Constitution for leave to appeal against the ECP’s order of February 9 and a judgment of the Islamabad High Court of February 16, 2022.
The ECP had disqualified Vawda for concealing his dual nationality with a direction to return the salary and other benefits he had received as a minister and National Assembly member within two months. He was also de-notified as a Senator.