ISLAMABAD - Pakistan People’s Party (PPP) has urged the Supreme Court to declare section 203 of Election Act, 2017 subject to trappings of Article 62 & 63 of Constitution and contrary to spirit of the Fundamental Rights.

Nayyar Husain Bukhari on Tuesday filed a petition on behalf of PPP under Article 184(3) of Constitution against the enactment of section 203 of the Act which excluded trappings of Article 5(Proviso) of Political Parties Order, 2002.

Bukhari filed the petition through Latif Khan Khosa praying the apex court to declare the election of former Prime Minister Nawaz Sharif as President PML-N is ultra vires inter-alia Article 2-A of Constitution. He further asked the court to direct Election Commission of Pakistan to remove his name as head of PML-N from the enlisted political parties’ notified list.

He stated that Nawaz Sharif was disqualified vide 28th July judgment under Article 62(1)(f) of Constitution as parliamentarian and prime minister and consequently restrained him from governance till his removal as President PML-N replaced by eligible person.

The petitioner further prayed that the Prime Minister and members of the cabinet may be prohibited from accompanying the entourage of Nawaz Sharif while going to attend his date of hearing before the Accountability Court.

He stated that the Election Act 2017 has paved way for all those persons who are not qualified to contest election of parliament under Article 62 and disqualified under Article 63 of Constitution made eligible to run the affairs of a political party.

He maintained that Order 2002 has been repealed by Section 240 of the Act 2017 consequently in future any disqualified person shall be eligible to become party head notwithstanding his gravest criminal record or his disqualification by judiciary.

He said the parliamentary government is a government of the party and a party government is a vital principle of representative government. The political party is a link between the executive and the legislature, between the cabinet and the people, and between the parliament and the people. For this reason, the political parties are necessary and important features in a parliamentary democracy. The winning party becomes the government while the loser takes the seats of opposition.