ISLAMABAD: In compliance with the Supreme Court’s order, former Pakistan Tehreek-e-Insaf (PTI) leader Faisal Vawda, who was elected on PTI’s ticket as Senator in 2018, on Wednesday handed in his resignation from the Upper House.
However, in February this year, the ECP had disqualified Vawda for life for submitting a false affidavit. Subsequently, Vawda had challenged the decision in the IHC, which upheld the ECP decision. Later the former senator had filed a petition against the ruling in the apex court, which was heard by a three-judge bench led by Chief Justice Bandial.
Last month, the bench overturned the life-long disqualification of Vawda and instead simply de-seated him under Article 63(1)(c) of the Constitution on account of holding dual nationality at the time of filing nomination papers for the 2018 general elections. “The ECP has no jurisdiction under Article 218(3) of the Constitution read with Section 3c or 9(1) of the Election Act 2017 to inquire into and decide upon the matter of pre-election qualification and disqualification of a returned candidate. Therefore, the decision of the ECP was without jurisdiction,” the order said.
The order also noted that the IHC found that Vawda was disqualified pursuant to the case reported in 2018 for submitting a false affidavit hence no declaration was required. “By finding that a formal declaration by a court of law was not required”, the IHC judgment misconstrued the Supreme Court rulings.
Resultantly, the apex court said, the impugned IHC judgment was legally not sustainable. “The present petition filed under Article 185(3) of the Constitution is therefore converted into appeal and the same is allowed by setting aside both the said decisions,” the order added.
The court said that Vawda would not be considered disqualified in any subsequent election. “We are of the opinion that we need not proceed further in the matter in the peculiar facts and circumstances of the case,” Chief Justice Bandial said in the order.
“The petitioner [Faisal Vawda] shall be bound to comply with his undertaking and shall take immediate steps to present his resignation to the Chairman, Senate, in accordance with law. It is clarified that the petitioner shall not be considered disqualified in any subsequent election, on the basis of the instant matter.” Vawda yesterday submitted his resignation to Chairman Senate Muhammad Sadiq Sanjrani.
