Case Details

Citation(s)
2022 SLG 1282 2022 SLD 1282 2022 CLC 902
Islamabad High Court
Writ Petition No.527 of 2022, decided on 16th February, 2022.
ATHAR MINALLAH, CJ
Wasim Sajjad, Sr. Advocate Supreme Court, Idrees Ashraf, Barrister Hassan Alam and Malik Akhtar Abbas for Petitioners.

MUHAMMAD FAISAL VAWDA

VS

ELECTION COMMISSION OF PAKISTAN, ISLAMABAD through Secretary and 4 others

Law: Constitution of Pakistan, 1973

Section: 62(1)(f),63(1)(c),199

Constitution of Pakistan--- ----Arts.62(1)(f), 63(1)(c) ,  199---Election---Disqualification---Foreign nationality, renunciation of---Initiation of process---False affidavit---Petitioner was disqualified by Election Commission of Pakistan for holding foreign nationality at the time of filing his nomination papers who had filed false affidavit to such effect---Validity---When a citizen of Pakistan had acquired citizenship of a foreign state, such citizen was not qualified to be elected or chosen for Majlis-e-Shoora (Parliament) until and unless such legal status i.e. citizenship of foreign state was obliterated or extinguished---Mere initiation of process of relinquishment was not sufficient because disqualification would remain operative till completion and conclusion of the process---Date on which affidavit was submitted along with nomination papers, the process of renunciation of petitioner’s foreign citizenship was not concluded nor completed---High Court declined to interfere in order of disqualification passed by Election Commission of Pakistan, as the same did not suffer from any legal infirmity---Constitutional petition was dismissed, in circumstances. Speaker, National Assembly of Pakistan, Islamabad and others v. Habib Akram and others PLD 2018 SC 678; Muhammad Salman v. Naveed Anjum and others 2021 SCMR 1675; Muhammad Salman v. Naveed Anjum and others 2022 SCMR 42; Roshan Ali Buriro v. Syed Murad Ali Shah and others 2019 SCMR 1939 and Allah Dino Khan Bhayo v. Election Commission of Pakistan and others PLD 2020 SC 591 distinguished. Suo Case No.8 of 2018 regarding Dual Nationality of Parliamentarians PLD 2019 SC 201 and Samiullah Baloch and others v. Abdul Karim Nousherwani and others PLD 2018 SC 405 rel. Wasim Sajjad, Sr. Advocate Supreme Court, Idrees Ashraf, Barrister Hassan Alam and Malik Akhtar Abbas for Petitioners. ORDER ATHAR MINALLAH, CJ.---Mohammad Faisal Vawda (hereinafter referred to as the ‘Petitioner’) has invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the ‘Constitution’) challenging order, dated 09-02-2022, passed by the Election…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492