ISLAMABAD    -  The Islamabad High Court (IHC) Monday turned down Pakistan Tehrik-e-Insaf (PTI) leader Fawad Chaudhary’s petition challenging the appointment of Nisar Ahmed Durrani as Member of the Election Commission of Pakistan (ECP). A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition invok­ing the constitutional jurisdiction of the court un­der Article 199 of the Constitution and seeking a writ of quo warranto.

The IHC bench noted in its written judgment that the petition is not competent and even other­wise the court would have exercised restraint be­cause the Constitution has prescribed the manner in which a Commissioner may be removed from his office. It added, “It is not a case in which this Court is inclined to exercise its jurisdiction vest­ed under Article 199 of the Constitution. The peti­tion is, therefore, accordingly dismissed in limine.”

The PTI leader informed the bench that it is an admitted position that Nisar Ahmed Duran was ap­pointed as a Member of the Commission pursuant to the recommendations made by the Parliamen­tary Committee constituted under Article 213(2B) of the Constitution. The bench said that sub article (2) of Article 215 explicitly prescribes the manner in which a Commissioner can be removed.