ISLAMABAD: A division bench of the Islamabad High Court (IHC) on Monday dismissed the intra court appeal (ICA) of PPP leader Faryal Talpur against restoration of her disqualification case by the Election Commission of Pakistan (ECP).

Faryal Talpur had challenged an order, dated Feb 8, 2021, of the Election Commission of Pakistan (ECP) seeking her disqualification under Article 63 (2) of the Constitution.

ECP on Jan 14, 2020 dismissed an application and sought disqualification of Ms Talpur. An application for restoration of the petition was filed on Jan 21, 2020 and it was allowed vide order, dated Feb 3, 2020.

According to the written comments filed by the ECP before the IHC, the commission issued notices to all parties concerned through the regional election commissioner (Karachi Division) before restoration of the application. Ms Talpur then approached ECP for withdrawal of the restoration order. Her application was heard by five members of the ECP and was dismissed on Feb 8, 2021.

IHC division bench comprising Justice Mohsin Akhtar Kayani and Justice Babar Sattar decided the ICA.

Advocate Farooq H. Naik contended before the court that under sub rule (2) Rule 9 of Order IX of the Code of Civil Procedure 1908, no order shall be made for restoration of a suit, dismissed for non prosecution, unless a notice had been served to the opposite party. He said the notice attached with the written comments of the ECP was not served to the petitioner henceforth the petitioner was denied the right guaranteed under the aforesaid provision.

Mr Naik argued that the single member bench order of the IHC was erroneous and requested the court to set aside the said order.

ECP’s counsel, on the other hand, argued that the notice was duly issued and received at the residence of the petitioner, adding that no prejudice was caused to the petitioner because her application was heard by a bench of the commission consisting of five learned members.

Published in Dawn, August 10th, 2021