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ISLAMABAD: The Islamabad High Court (IHC) has turned down a petition seeking the disqualification of Prime Minister Shehbaz Sharif, his cabinet members, Senate chairman, Balochistan chief minister, PPP Chairman Bilawal Bhutto-Zardari, former caretaker premier Anwaarul Haq Kakar, senators Talal Chaudhry and Faisal Vawda and others on different grounds.
The petitioner, Ashba Kamran, alleged that the Election Commission of Pakistan in connivance with some political parties deliberately delayed general elections in violation of the constitution.
However, IHC Chief Justice Aamer Farooq, after hearing the matter, dismissed the petition. The chief justice also imposed Rs500,000 fine on her for filing “frivolous and motivated” petition.
While the petitioner earlier expressed no confidence in the bench, Justice Farooq overruled the objection, observing that she failed to give plausible ground for transferring the case to another bench.
Mentioning that PML-N president Nawaz Sharif, Deputy PM Ishaq Dar, Senators Talal Chaudhry and Faisal Vawda, Senate chairman Yousaf Raza Gillani, and PPP chairman Bilawal Bhutto-Zardari were facing multiple cases, the petition sought their disqualification under Articles 62 and 63.
Besides, according to the petition, elections were held after the date prescribed in the Constitution under the caretaker government whose tenure had lapsed months before the general elections.
The court was requested to declare that the ECP and the interim government had violated the Constitution by not holding elections in two provinces within the period of 90 days.
Regarding the core issue of delay in holding the election, Justice Farooq observed, “The issue of holding of General Elections in Pakistan was taken up by the Supreme Court of Pakistan…where in the Supreme Court referred the matter to the Election Commission of Pakistan to announce the date for General Elections after consultation with the President of Pakistan.”
Justice Farooq noted that it was reflected in paragraph 17 of the SC order that the matter was taken up, as the ECP and then president Arif Alvi after a meeting at President House agreed to hold general elections on Feb 8, 2024 following which the ECP issued a notification in this regard on Nov 3, 2023. The court ruled that the matter of holding general elections stood resolved as the federal government and all provincial governments concurred.
CJ Farooq concluded that the petitioner could not make a case for disqualification of the respondents.
Published in Dawn, November 28th, 2024
