Article 62, 63: From Nawaz Sharif to Faisal Vawda

ISLAMABAD: The Election Commission of Pakistan (ECP) has disqualified Pakistan Tehreek-e-Insaf (PTI) Senator Faisal Vawda under Articles 62(1)(f) and 63(1)(C) over concealment of his dual national but it sparked a debate on whether the institution exercised its jurisdiction of a court of law for declaring ineligibility of a public officeholder.

The verdict was based on the concealment of details by false affidavit or illegally taking financial advantage to prove to be a Sadiq and Ameen – truthful and trustworthy – under Article 62(1)(f) and Article 63(1)(C). The disqualification of Senator Faisal Vawda has raised some questions regarding the jurisdiction of the election commission.

Former prime minister Nawaz Sharif had been disqualified under the same articles on the basis of Iqama and the same law was followed in the Faisal Vawda disqualification case. The difference in both cases was concealment of iqama, source of income and dual nationality among the lawmakers.

The ruling PTI has reacted to Vawda’s disqualification by expressing concerns over the ECP’s verdict, however, the political party will now have to express the same concerns over the verdict against Nawaz Sharif. The same criteria should be followed by the Pakistan Muslim League Nawaz (PML-N) leaders who are celebrating the disqualification of Faisal Vawda. It seems that ECP has proved Nawaz Sharif’s disqualification legal after disqualifying Vawda.

The PTI leadership announced to move to the Supreme Court (SC) to challenge the ECP verdict. However, the annulment of the ECP verdict will also nullify the disqualification of Nawaz Sharif at the same time.

It has also raised a question regarding the ECP’s jurisdiction for conducting a hearing to scrutinise an individual under Articles 62(1)(f) and 63(1)(C).