PESHAWAR: The Peshawar High Court on Thursday stopped the Election Commission of Pakistan from proceeding on a reference, which seeks the disqualification of Pakistan Tehreek-i-Insaf MNA Sohail Sultan.

A bench consisting of Chief Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad issued notices to the ECP and National Assembly speaker for their response to a petition filed by lawmaker Sohail Sultan.

It fixed Nov 7 for next hearing into the plea, which requested it to quash the decision of the National Assembly speaker to send a reference to the ECP for his disqualification and the subsequent proceedings by the commission.

The petitioner also sought interim relief from the court requesting to suspend the impugned proceedings initiated by the ECP and restraining the ECP and the NA speaker from taking any action against him.

MNA Sohail Sultan challenges reference seeking his disqualification

The ECP sent a notice to the petitioner on Oct 10, saying the matter has been fixed for regular hearing on Oct 21, so he should appear before it or send in his counsel.

NA Speaker Sardar Ayaz Sadiq had received a reference from Swat resident Nasrullah Khan, who said

MNA Sohail Sultan was appointed assistant advocate general in 2018 and his services were terminated in March 2023.

He added that the general elections were held on Feb 8, 2024, and therefore, the mandatory period of two years had yet not lapsed since the MNA ceased to be “in service of Pakistan.”

The resident added that the MNA was not qualified to become a lawmaker, so he should be disqualified from holding that office.

The respondents in the petition include the federation of Pakistan, the NA speaker, ECP through the chief election commissioner, and Nasrullah Khan.

A panel of lawyers, including Barrister Syed Mudassir Ameer, Shamsul Hadi and Barrister Yaseen Raza Khan, represented the petitioner.

They contended that their client was elected MNA from NA-4 Swat in the general elections. They said that he was appointed in the KP advocate general office as assistant advocate general by the chief minister on Nov 28, 2018 and his services were dispensed with by the government on March 10, 2023.

The lawyers argued that the petitioner had filed nomination papers for the general elections, which were duly scrutinised and accepted by the returning officer on Dec 28, 2023.

They said that no one objected to their client’s nomination papers before his election as MNA.

The counsel said that on Sept 6, 2024, respondent Nasrullah filed a complaint before the speaker of the NA under Articles 62 and 63 of the Constitution, seeking disqualification of the petitioner.

They said that the speaker, for ulterior motives and mala fide intentions, deliberately kept the petitioner in the dark regarding the complaint against him.

The lawyers added that the petitioner was not made part of any proceedings conducted by the speaker nor was he given free and fair opportunity to defend himself that was contrary to Article 10-A of the Constitution.

They added that the speaker made the impugned decision on Oct 7 and referred the matter to the ECP, which fixed the reference for regular hearing on Oct 21.

The counsel argued that Article 225 of the Constitution laid an absolute bar by providing that no election to a House or a provincial assembly should be called in question except by an election petition presented to such a tribunal and in such a manner as may be determined by the Election Act.

They added that none of the contesting candidates had approached the election tribunal to challenge the election of the petitioner.

Published in Dawn, October 18th, 2024