Petitioner directed to withdraw plea from LHC

ISLAMABAD The Supreme Court (SC) on Tuesday directed Shahid Orakzai, one of the candidates for PP-10, Rawalpindi, to withdraw his petition pending before Lahore High Court (LHC) challenging Punjab Chief Minister Shahbaz Sharifs electoral eligibility. The court also directed the petitioner to submit a written statement pertaining to withdrawal of the petitions on a similar subject pending before the courts. A three-member bench of the SC headed by Justice Javed Iqbal also redirected Election Commission of Pakistan (ECP) to submit the complete record and documents relating to Shahbazs elections from two provincial seats of Rawalpindi and Bhakar. During the course of proceedings, Attorney General Anwar Mansoor Khan argued before the court that Shahbaz Sharif was a candidate for constituency PP-10 and as such he should not have taken oath both for Bhakkar seat and as a Chief Minister of the province. When Shahbaz became a candidate for the Rawapindi seat, he was neither a member of Punjab Assembly nor a Chief Minister, he explained adding After winning the seat PP-10 from Rawalpindi, Shahbaz is not entitled to keep the Bhakkar seat. The bench, which also comprised Justice Sair Ali and Justice Tariq Pervez, observed that it would proceed on the petitioners argument, which sought the Punjab CMs disqualification - after going through the relevant documents. Khawaja Haris Advocate, counsel for respondent (Shahbaz Sharif), informed the court that Islamabad High Court had disposed of the petition of Shahid Orakzai adding another plea is already pending with the LHC. However, the petitioner argued that as a member of assembly, a person has to quit one seat in case he wins two. As the respondent quit the Rawapindi seat thereby constitutionally he became ineligible for Bhakkar seat, he added. Therefore, the respondent could not be a Chief Minister, as he is not a member of Punjab Assembly, the petitioner explained. Orakzai also said that he would file the additional grounds against Kanwar Dilshad as Secretary ECP as well in his personal capacity. After hearing the arguments, the court asked Khawaja Haris to explain the whole matter under Article 223 and other relevant clauses of the Constitution. On this point, Orakzai said that Article 223 of the Constitution bars the dual membership of any candidate-elect and a person having won from two seats has to surrender one of the seats within a month. Justice Javed Iqbal remarked that a comprehensive verdict would be given after complete hearing of the case and added that the SC gives verdict as per the law and Constitution. Meanwhile, the bench deferred the case by indefinite time period.

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