The Sindh High Court (SHC) Election Court on Tuesday rejected an appeal challenging the acceptance of PTI Federal Minister for Water Resources Faisal Vawda nomination documents for a Sindh Senate seat.
In its trial, the court rejected all objections raised by the complainant, Lawyer Qadir Khan Mandokhel. He said the court was set up to hear objections against the return officer (RO) order, who had previously accepted Vawda’s nomination letters.
“A guilty plea that refuses to hear cases that are not within the jurisdiction of the RO cannot be upheld by this court,” the ruling said.
Mandokhel had filed the election call on Saturday, stating that the form of Vawda’s appointment should not have been entertained as he was still sitting MNA (member of the National Assembly) and a federal minister while an early appeal against Vawda was still pending before the Commission Pakistani Election Commission (ECP), in addition to a petition before the Islamabad Supreme Court for non-disclosure of his American nationality in the nomination documents submitted during the 2018 general election.
Attorney Mandokhel, who had run in the 2018 election on a PPP ticket from NA-249 Karachi v. Vawda, filed an appeal against the ECP order of February 18 to accept federal ministerial appointment documents for the March 3 Senate election.
Citing the provincial election commission, the ECP return officer and Vawda as defendants, the complainant argued that a sitting MNA or federal minister could not apply for or submit a nomination form for the Senate election if he did not file a motion to remove the seat of the National Assembly and ministerial responsibilities.
He further claimed that the cases were pending before the ECP and IHC against the minister for not being “Sadic and Ameen” as mentioned in Article 62 of the Constitution after he hid his dual nationality in his appointment papers submitted in 2018.
The complainant further argued that Vawda, in his nomination letters, filed for the Senate election mentioning that he had been a citizen of the United States and had relinquished his citizenship in 2018. However, he said, he failed to revealed the date of application to submit nationality while in his appointment letters in 2018, he said the relevant section was not applicable to him.
He claimed that there were also clear discrepancies in the details of the loan and money, which he mentioned in the 2018 general election nomination letters and in the nomination letters for the Senate polls.
The complainant argued that the impugned order had been approved by the ECP Returns Officer in a hasty manner regardless of the complainant’s objections and he was silent about the objections raised before him.
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