IHC dismisses Faisal Vawda’s plea to cease ECP disqualification case towards him

Vawda had filed the petition on Thursday towards the choice of the ECP dated October 12 by way of which his software to cease the proceedings relating to his disqualification case was rejected. He had adopted the stance that the case towards him within the ECP had develop into invalid because the physique couldn’t decide throughout the prescribed time restrict.

Throughout immediately’s listening to, Vawda’s counsel, Hasnain Ali Chauhan, argued that the ECP needed to determine the appliance towards the senator inside 60 days of him being elected and thus the petition towards Vawda was overdue and needs to be declared invalid.

“In accordance with which legislation are you saying this?” requested IHC Chief Justice Athar Minallah, who was presiding over the listening to. The counsel responded that the ECP was sure to decide inside 60 days in accordance with the Elections Act, 2017.

The decide famous that an software had been filed towards Vawda inside 60 days and referred to as upon the senator to show his innocence and let the ECP take motion in accordance with the legislation if he was within the clear.

“What are you afraid of? Let the Election Fee hear the case. Would you like the court docket to determine the [original] petition?” Justice Minallah requested.

He additional inquired whether or not the problem was not challenged in 60 days and what number of instances the ECP was requested to adjourn the listening to.

“Did you submit a response within the ECP?” the decide requested Vawda’s counsel.

After listening to the counsel’s arguments, Justice Minallah rejected Vawda’s plea, declaring it inadmissible.

A citizen, Dost Ali, had filed an software within the ECP towards Vawda, looking for his disqualification over hiding info pertaining to his twin nationality. The petition was filed in 2020 difficult his election as a member of the Nationwide Meeting on account of the truth that when Vawda filed his nomination papers for contesting the elections he held twin nationality as he was a US citizen as nicely.

The petition acknowledged that since Vawda had furnished an affidavit to the ECP to the impact that he was not a nationwide of every other nation on the time of contesting the elections, he had made a false assertion on oath, therefore he was disqualified below Article 62 (1)(f) of the Structure.