SC directs ECP to submit record

ISLAMABAD The Supreme Court on Wednesday directed Election Commission of Pakistan to submit record and documents relating to Shahbaz Sharifs elections from two provincial seats. The apex court also directed Khawaja Haris Advocate, the counsel for respondent (Shahbaz Sharif), to submit concise statement on behalf of his client before the court on the next hearing. A three-member bench of the SC headed by Justice Javed Iqbal heard the petition filed by Shahid Orakzai, one of the candidates for PP-10, Rawalpindi, against the eligibility of Shahbaz Sharif. Besides, the apex court issued notice to Attorney General of Pakistan to appear before the court with relevant record on the next date of hearing. The bench, which also comprised Justice Sair Ali and Justice Tariq Pervez, observed that it would proceed on the petitioners argument - who has sought the Punjab CMs disqualification - after going through the relevant documents. The petitioner, who appeared before the court in person, argued that according to the Constitution, a person elected as a member of an assembly from two seats should vacate the first one. Punjab Chief Minister Shahbaz Sharif had resigned from the seat of Rawalpindi PP-10. Therefore, according to the Constitution, Shahbaz has been disqualified from PP-48 Bhakkar seat, he added. He is not a member of the Punjab Assembly at the moment and, therefore, he is not eligible to perform duties as the Chief Minister, Orakzai further argued. Orakzai said Article 223 of the Constitution barred the dual membership of any candidate-elect and a person having won from two seats has to give up one of the seats within a month. During the course of proceedings, the Supreme Court has directed Khawaja Haris to submit comprehensive reply so that the court could observe the real facts of the case. Justice Javed Iqbal in his remarks said that detailed decision would be given after hearing of Shahbaz Sharifs eligibility case. He said all the decisions would be taken according to the Constitution, adding that Article 223 was very clear as it gave equal rights to all citizens. Now the court is now being led by the four principles; rule of law, supremacy of the Constitution, stability of judiciary and strengthening the democracy in the state, he said. Later, the court adjourned the hearing till February 18.

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