ISLAMABAD - Five more petitions were filed in the Supreme Court against Election Act 2017, urging the apex court to declare election of Nawaz Sharif as President of Pakistan Muslim League-Nawaz unconstitutional.
The petitions were filed under Article 184 (3) of Constitution by Pakistan Justice Party through its Chairman Muhammad Munif Malik, Dr Iftikhar ul Hassan Shah, Jamshaid Dasti, advocate Sheikh Ahsan-ud-Din and All Pakistan Am Admi.
President Awami Muslim League Sheikh Rashid Ahmad had already filed the petitions on October 3 & 4.
The petitions contend that Section 203 of the Election Act, 2017 did not expressly permit any person disqualified by any court of law to remain as or to become an office-bearer of a political party.
“Disqualification recorded by a court of law under Articles 62 and 63 of the Constitution cannot be overtaken by sub-constitutional law and if a person cannot become parliamentarian because of the operation of constitutional law, he surely cannot become the head or an office-bearer of a political party.”
Terming the proposed amendment mala fide and unconstitutional, they contended that these amendments were being introduced just to accommodate Nawaz Sharif. Sheikh requested the Supreme Court to declare Nawaz Sharif disqualified as the head of the PML-N. “Declare sections 203 and 232 of the Election Act of 2017 and deletion of Khatm-e-Nabuwwat oath through the (same) act to be completely without jurisdiction, unconstitutional, mala fide and [having] no legal effect,” they pleaded.
They said that the election of Nawaz Sharif as President of PML-N is complete travesty of justice and fair play and is against all cannons of law, equity, constitutional and elections 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.
They stated that the proposed amendments and actions are also mala fide and unconstitutional as they are being introduced only to accommodate one person i.e. Nawaz Sharif.