ISLAMABAD: Supreme Court ruled that Election Commission of Pakistan (ECP) has no jurisdiction under Constitution to decide upon pre-election disqualification of lawmaker. Four-page short order relating to Vawda’s lifetime disqualification case was authored by Chief Justice Umar Ata Bandial who heard case along with Justice Syed Mansoor Ali Shah and Justice Ayesha Malik. 

In its four-page short order, top court nullified verdicts of ECP and high court and said, “ECP has no jurisdiction to inquire into and decide upon matter of pre-election disqualification and disqualification of returned candidate.” Former PTI leader apprised court that he received citizenship renunciation certificate from US authorities on June 25, 2018, SC mentioned in order.

It further said that Vawda admitted his mistake and apologised unconditionally to SC. Vawda was not eligible for contesting elections in 2018, short order noted, but added that after tendering an unconditional apology, Article 63 (1) (C) was applied to him and now he can contest elections for next assembly term. 

Accepting his apology, apex court ruled that Vawda was disqualified under Article 63(1)(c) and not Article 62(1)(f) same law that was used to impose lifetime ban on former prime minister Nawaz Sharif from contesting elections. 

Published in The Daily National Courier, December, 05 2022

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