LHC seeks ECP's response on disqualification notices to PTI MPs after convictions

Pakistan

Court questions legality of ECP's action without peaker’s reference; hearing adjourned till August

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LAHORE (Muhammad Ashfaq) – The Lahore High Court issued notices to the Election Commission of Pakistan (ECP) and other parties in response to petitions challenging disqualification notifications issued after criminal convictions of PTI lawmakers Ahmed Khan Bachar, Ahmed Chattha, and Junaid Afzal Sahi.

The court has asked all relevant parties to submit their responses and adjourned the hearing until August 18.

Justice Khalid Ishaq conducted the hearing on the petitions filed by the three individuals. The petitioners are contesting their disqualification following convictions in cases related to the events of May 9. Barrister Shehzad Shaukat appeared on behalf of the petitioners.

Barrister Shaukat argued that although Anti-Terrorism Courts (ATCs) had handed down sentences, the ECP declared the petitioners disqualified without receiving a formal reference from the National Assembly Speaker—a move the lawyer contended was beyond the ECP’s authority. He also stated that the Speaker, under the law, cannot unilaterally disqualify a member.

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During the proceedings, the federal government’s lawyer noted that no by-elections are currently being held in these constituencies and requested additional time until next week to prepare. However, the court pointed out that the election schedule for two constituencies has already been issued, and nomination papers are currently being submitted.

Justice Ishaq questioned whether the ECP had formally stated in its rulings that the petitioners were disqualified due to "moral turpitude," and remarked that merely stating such grounds in a couple of lines without proper justification was inadequate.

He further suggested two possible options: either refer the matter back to the ECP with instructions to hear all parties before making a final decision, or issue court notices and have the matter heard by an available bench.

The petitioners' counsel requested the court to annul the ECP’s disqualification orders and refer the matter back to the commission. However, the court emphasised that no decision could be made without first hearing all sides.

Eventually, at the request of the petitioners’ lawyer, the court issued notices and adjourned further hearing until August 18.