ECP’s Expansion Raises Queries, Says Adv Ahsaan

News Desk

Islamabad: It seems like Advocate Khokhar is expressing concerns about the Election Commission of Pakistan potentially overstepping its authority in disqualifying members of Parliament based on Article 63 of the Constitution.

He argues that while the Election Commission has the authority to address false declarations of assets and liabilities under specific sections of the Election Act 2017, determining disqualification under Article 63 might fall outside its jurisdiction.

The argument revolves around whether the Election Commission, as an administrative or quasi-judicial body, has the power to make decisions on disqualification under constitutional articles without explicit authorization from Parliament.

Khokhar suggests that unless dishonesty is proven through proper judicial proceedings, the Election Commission might not have the authority to impose lifetime disqualifications based solely on omissions in asset declarations.

Additionally, there’s a question raised about the Speaker of the National Assembly sending a reference against a member to the Election Commission after the member tenders their resignation. This raises doubts about the validity of such a reference and the jurisdiction of the Election Commission in such cases.

Khokhar’s argument seems to emphasize the need for proper judicial procedures and the absence of explicit powers granted to the Election Commission to determine disqualification solely based on certain constitutional articles without judicial validation.