Court orders proceedings against Vawda over false affidavit.

Byline: Malik Asad

ISLAMABAD -- On the day federal Minister for Water Resources Faisal Vawda was elected senator and resigned from the National Assembly to avoid 'imminent disqualification', the Islamabad High Court (IHC) held him apparently responsible for submitting a false affidavit regarding his nationality and directed the Election Commission of Pakistan (ECP) to proceed against him under Article 62(1)(f) of the Constitution that deals with disqualification.

Justice Aamer Farooq, disposing of a petition seeking disqualification of Mr Vawda, held that if the ECP found Mr Vawda's affidavit false, he might face disqualification under Article 62(1)(f) and criminal proceedings under the Pakistan Penal Code.

'When the nomination papers of Vawda were filed and/or scrutinised respondent No.1 was national of USA, hence had dual nationality and was disqualified to contest the Elections in light of Article 63 (1)(c) of the Constitution,' Justice Farooq noted.

Mr Vawda had contested general elections in 2018 from NA-249 (West II) Karachi on the ticket of Pakistan Tehreek-i-Insaf and was declared successful on Aug 7 that year.

Lawmaker quits NA seat after being elected senator

The petition was filed in 2020 challenging his election as a member of the National Assembly on account of the fact that when Mr Vawda filed his nomination papers for contesting the elections he held dual nationality as he was a US citizen as well.

The petition stated that since at the time of contesting the elections, Mr Vawda furnished an affidavit to the ECP to the effect that he was not a national of any other country, he had made a false statement on oath, hence he was disqualified under Article 62 (1)(f) of the Constitution.

Justice Farooq explained that 'inordinate' delay in disposing of the petition was due to Covid-19 pandemic and delaying tactics adopted by Mr Vawda. 'The case was taken up initially on January 29, 2020 when notices were issued to Vawda. Since due to Covid-19 pandemic courts were not functional on regular basis the case was taken up in August 2020 when notice was repeated to respondent No.1 [Vawda] as no one was in attendance on behalf of the referred respondent.'

In Sept 2020, a counsel appeared to represent Mr Vawda. The case was again taken up on October 14 that year and since a reply had not been filed by Mr Vawda, the ECP was directed to bring record of his nomination papers.

The court recalled that no one appeared on behalf of Mr Vawda on the...

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