ISLAMABAD, Dec 13 (APP): The Supreme Court (SC) has decided to hear all identical cases pertaining to lifetime disqualification under Article 62(1)(f) of the Constitution together.
These cases, and any others involving the same question, should be fixed for hearing in early January, 2024 before a bench constituted by the committee under the Act, the court said in its written order pertaining to the hearing of an appeal of JUI-F’s former MPA Meer Badshah Qaisrani against his lifetime disqualification.
The apex court said that the general elections of 2008 required candidates to have a minimum graduation qualification. Some candidates made misdeclarations in their requisite nomination papers, some produced degrees from unrecognized institutions and others fake degrees to show eligibility of their participation in the general elections. This court had disqualified all such candidates and some also faced criminal prosecution.
It said that the petitioner was convicted for a period of two years, and “we are informed that his appeal against conviction is pending before the Multan Bench of the Lahore High Court.
“However, the learned counsel for the respondent states that the period of disqualification is for five years as per section 232(2) of the Elections Act, 2017, which provision was enacted through the Elections (Amendment) Act, 2023, promulgated on 26 June 2023.
“The learned counsel are unanimous in stating that unless there is a clear pronouncement by this court on the matter the returning officers in the forthcoming general elections may wonder whether to apply section 232(2) of the Elections Act, 2017, or the said judgment of this court, which may create needless confusion in the elections and shall not be conducive to democracy. There is also the likelihood of election tribunals and courts being inundated with cases arising out of the uncertainty.”
The order said that the Additional Attorney General (AAG) pointed out that in the matters where constitutional interpretation is required a bench of a minimum of five judges has to hear it.
“The AAG also states that the interpretation of a federal law, the Constitution and applicability of the decision of the Supreme Court is required, which will also impact elections to the provincial assemblies, and as such requisite notices be issued,” it added.
The court directed to issue notices to the Attorney-General for Pakistan and all the Advocate Generals of the provinces, besides the Election Commission of Pakistan, which should be published in a prominent English and Urdu newspaper having wide circulation as the decision in these appeals may also affect those who are not parties hereto.
