Sheikh Rashid filed petition challenging Election Act 2017 in SC
05 October, 2017
ISLAMABAD: A petition challenging the Election Act 2017, a law passed recently that paved the way for ousted prime minister Nawaz Sharif to be re-elected as head of Pakistan Muslim League-Nawaz (PML-N), was challenged before the Supreme Court on Wednesday.
The petition was filed by Awami Muslim League (AML) Chairman Sheikh Rashid Ahmad under Article 184(3) of the constitution, making deposed premier Sharif, secretaries of National Assembly and Senate, ministry of law and election commission of Pakistan (ECP) as respondents.
The petitioner prayed the court to declare that Nawaz Sharif having been disqualified by the apex court on July 28 under Article 62(1)(f) of the constitution cannot be elected as party head or office-bearer of the PML-N.
He prayed the court to declare that Nawaz Sharif’s becoming the party head of PML-N was unconstitutional, unlawful, void ab-inito (illegal from the outset) and of no legal effect, while annulling the same. He prayed the court to declare that sections 203 and 232 of the Election Act, 2017, and the deletion of Khatam-e-Nabuwwat oath through the said law were completely without jurisdiction, unconstitutional, malafide, void ab-initio and of no legal effect.
The petitioner contended that the disqualification recorded by the court under articles 62 and 63 of the constitution cannot be overtaken by sub-constitutional law, and that if a person cannot become a parliamentarian due to operation of constitutional law, he surely cannot become head or office-bearer of a political party.