ISLAMABAD - The chief of Awami Muslim League (AML) Sheikh Rashid Ahmed has requested the apex court to declare election of Nawaz Sharif as president of Pakistan Muslim League-Nawaz (PML-N) “unconstitutional”.
AML President Sheikh Rashid Ahmed on Wednesday filed a petition against the Election Act 2017 under Article 184(3) of the Constitution.
He prayed before the court to declare that Nawaz Sharif having been disqualified by the Supreme Court cannot be elected as party head or office-bearer of the PML-N.
Sheikh Rashid said that the Election Act, 2017 in particular sections 203 and 232 and also the portion pertaining to the omission of oath to declare Prophet Muhammad as the last Prophet, and the election of Nawaz Sharif as the president of the PML-N was “unlawful”.
He said that Section 203 of Election Act, 2017 per se did not expressly permit any person who had been disqualified by a court of law to remain or become an office-bearer of the political party.
But if it is interpreted that Section 203 of the Act does not debar a disqualified person from becoming an office-bearer of a political party then Section 203 is liable to be struck down as “unconstitutional”.
The disqualification recorded by the apex court under Article 62 and 63 of the Constitution cannot be overtaken by a sub-constitutional law.
“If a person cannot become a parliamentarian due to operation of constitutional law then he surely cannot become head of a political party,” the petition states.
A person who has been declared not to be “Sadiq” or “Amin”, if made head of a political party, would mean that that person who is not “Sadiq” and “Amin” will be the head of a political party, which may have many members in the Senate and the assemblies.
Sheikh Rashid stated that Section 232 of the Election Act, 2017 provided for the disqualification that shall not exceed more than five years.
“The sub-constitutional law of Election Act 2017 cannot overtake the mandate of the constitution,” he added.
Sheikh Rashid stated that there were series of judgments of the Supreme Court of Pakistan regarding disqualification Article 62(1)(f).
He stated that in Ghafoor Lehri’s case the apex court held that the disqualification under Article 62(1)(f) was for life.
These judgments are binding on all under Article 189 of Constitution, adding this position could be reversed by amending Article 62(1)(f) of the Constitution.
Sheikh Rashid said that the election of Nawaz Sharif as president of the PML-N was a complete travesty of justice and fair play, and was against all cannons of law, equity, constitutional and election laws.
The defection clause in Article 63A is very relevant in the present context.
The party head submits a declaration to the relevant functionaries in the event a member of political party defects in terms of Article 63A.
He stated that the proposed amendments and actions are also mala fide and unconstitutional as they are being introduced only to accommodate one person that is Nawaz Sharif.