30 June 2004	Wednesday	11 Jamadi-ul-Awwal 1425

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ISLAMABAD, June 29: The Election Commission (EC) on Tuesday refused to entertain a PPP disqualification reference against the nomination of PML president Chaudhry Shujaat Hussain as prime minister.

"The present application cannot be processed by the office for being not entertainable and is hereby returned because the chief election commissioner places any reference regarding disqualification before the Election Commission only when it is referred by the speaker National Assembly," Election Commission secretary Hassan Mohammad said in a two-page order.

Under Article 63 (2) and (3) of the Constitution, the speaker has the exclusive domain to refer such a reference within 30 days after raising of a question whether a member of parliament has become disqualified.

Moved on behalf of Makhdoom Amin Fahim, the reference had asked the EC to decide the matter before the voting in the National Assembly for election of leader of the house. The reference was filed by Dr Babar Awan advocate under Article 63(1-q) of the Constitution along with sections 6, 7 and 9B of the Election Commission Order 2002.

It appears that Dr Babar Awan has conveniently overlooked the provisions of Article 63 (2) (3) of the Constitution, the secretary Election Commission said. Mr Fahim in his reference had alleged that Chaudhry Shujaat Hussain was a "wilful loan defaulter" as was evident from the record of the National Assembly secretariat through question No 377 of Pir Aftab Hussain Shah Jilani of June 14, 2003.

The reference alleged that Chaudhry Shujaat in violation of the NAB Ordinance 1999 had written off a loan of Rs37.98 million as director of Punjab Sugar Mills. The reference also mentioned that Section 8-D of the Conduct of General Elections Order 2002 was supported by Chaudhry Shujaat in the shape of Legal Framework Order, wherein amendment to Article 63 (q) was proposed as amended in the Constitution.

The reference also mentioned the observation of the speaker and alleged that he had shown unnecessary haste in overruling the objection, that too verbally, which was raised at the time of his nomination.

Later, Mr Awan while talking to reporters conceded that the reference should have been sent by the speaker. However, he explained that the EC also enjoyed a suo motu discretion to take cognizance of such illegality.

He referred to a petition pending before the Supreme Court under which the disqualification of about 60 MNAs had been sought for not possessing valid educational degrees.