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PESHAWAR: The Peshawar High Court has sought comments from the National Assembly speaker about a petition of Pakistan Tehreek-i-Insaf-backed MNA Sohail Sultan against a reference sent to the Election Commission of Pakistan for his disqualification.
A bench consisting of Chief Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad also extended interim relief granted to the lawmaker during the last hearing for temporarily stopping the ECP from proceeding on that reference.
The bench observed that as the impugned reference was referred to the ECP by the speaker, therefore, it was necessary for him to file his para-wise comments in the petition.
The date for the next hearing will be fixed later.
The petitioner has requested the court to quash the decision of the National Assembly speaker to send the reference to the ECP for his disqualification and the subsequent proceedings by the commission.
PHC extends stay order against ECP action on matter
The ECP had sent a notice to the petitioner on Oct 10, saying the matter has been fixed for regular hearing on Oct 21, so he should appear before it or send in his counsel.
Barristers Mudassir Amir and Yaseen Raza appeared for the petitioner, whereas Barrister Sultan Mohammad Khan represented the complainant against the MNA, Nasrullah Khan. Advocate Mohsin Kamran Siddique and Deputy Attorney General Ubaidullah Anwar appeared for the ECP and federal government, respectively.
Barrister Mudassir said that the NA Speaker Sardar Ayaz Sadiq had received a reference from Swat resident Nasrullah Khan, who insisted that MNA Sohail Sultan was appointed as assistant advocate general by the chief minister on Nov 28, 2018 and his services were dispensed with by the government on March 10, 2023.
He added that the complainant claimed that general elections were held on Feb 8, 2024, and therefore, the mandatory period of two years had yet not lapsed since the MNA ceased to be in service of Pakistan.
The counsel said that his client was elected MNA from NA-4 Swat in the general elections.
He argued that the petitioner had filed nomination papers for the general elections, which were duly scrutinised and accepted by the returning officer on Dec 28, 2023.
The lawyer said that no one objected to his nomination papers before his election as MNA.
He said that on Sept 6, 2024, respondent Nasrullah filed a complaint before the speaker of the NA under Articles 62 and 63 of the Constitution, seeking disqualification of the petitioner.
The counsel said that the speaker, for ulterior motives and mala fide intentions, deliberately kept the petitioner in the dark regarding the complaint against him.
He added that the petitioner was not made part of any proceedings conducted by the speaker nor was he given free and fair opportunity to defend himself that was contrary to Article 10-A of the Constitution.
The lawyer added that the speaker made the impugned decision on Oct 7 and referred the matter to the ECP, which fixed the reference for regular hearing on Oct 21.
He argued that Article 225 of the Constitution laid an absolute bar by providing that no election to a house or a provincial assembly should be called in question except by an election petition presented to such a tribunal and in such a manner as might be determined by the Election Act.
The counsel added that none of the contesting candidates had approached the election tribunal to challenge the election of the petitioner.
Published in Dawn, November 10th, 2024
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