SC says ECP has ‘no jurisdiction’ to decide on pre-election disqualification

ISLAMABAD    -   The Supreme Court on Sunday ruled that the Election Com­mission of Pakistan (ECP) had no jurisdiction under the Con­stitution to decide upon the pre-election disqualification of a lawmaker. The four-page short order relating to Vaw­da’s lifetime disqualification case was authored by Chief Justice Umar Ata Bandial — who heard the case along with Justice Syed Mansoor Ali Shah and Justice Ayesha Malik.

In its four-page short order, the top court nullified the ver­dicts of the ECP and the high court and said: “ECP has no jurisdiction [...] to inquire into and decide upon the matter of pre-election disqualification and disqualification of a re­turned candidate.”

The former PTI leader ap­prised the court that he re­ceived a citizenship renunci­ation certificate from the US authorities on June 25, 2018, the SC mentioned in the order. It further said that Vawda ad­mitted his mistake and apolo­gised unconditionally to the SC.

Vawda was not eligible for contesting elections in 2018, the short order noted, but added that after tender­ing an unconditional apol­ogy, Article 63 (1) (C) was applied to him — and now he can contest elections for the next assembly term.

Hence, the former PTI leader would be considered disqualified till the tenure end of the incumbent par­liament’s tenure, read the judgment. He is eligible for contesting the next elec­tions in the country, said the apex court.

The SC also directed the concerned authorities to forward Vawda’s resigna­tion to the Senate chairman for further process.

During the last hearing on November 25, the SC re­voked the lifetime ban that barred former PTI leader from contesting elections after he tendered an uncon­ditional apology before the court. The election com­mission had on February 9 imposed a lifetime ban on Vawda as he had concealed his dual nationality at the time of contesting the Na­tional Assembly election in the 2018 general polls.

As he appeared before the court that day, the for­mer federal minister told the court that he apologises unconditionally and would accept any punishment that is awarded to him.

Accepting his apology, the apex court ruled that Vaw­da was disqualified under Article 63(1)(c) and not Ar­ticle 62(1)(f) — the same law that was used to im­pose a lifetime ban on for­mer prime minister Nawaz Sharif from contesting elec­tions. In his apology let­ter after the hearing, the ex-federal minister admit­ted that he was not eligible for running the elections — as he had submitted a fake affidavit.