ISLAMABAD, Oct 01 (APP):The Islamabad High Court (IHC) on Friday dismissed a petition of Pakistan Muslim League Nawaz (PML-N) against the presidential ordinance fixing 60 days deadline for elected members to take oath.
The court declared the petition as non maintainable and stated that it didn’t want to use its extra ordinary discretionary powers in political affairs.
The court asked if the petitioner political party wanted any constituency left without representation. The PML-N could oppose it in the house as the opposition parties had good strength there.
The decision said that the ordinance was aiming to set a principle for the elected representatives so that no seat in the house could remain vacant.
The bench hoped that the political parties would address such issues with mutual understanding to strengthen the Parliamentary system.
The petition was filed by the PML-N Senator Azam Nazir Tarar through his lawyers against the Elections (Third Amendment) Ordinance, 2021. Chief Justice Athar Minallah took up the case for hearing.
During the course of proceeding, petitioner’s counsel Mansoor Usman Awan pleaded that the presidential Ordinance regarding the matter was promulgated on September 2, and his client had challenged it.
Under the Ordinance, it was necessary for a member to take oath within two months after being elected, he said, adding that the ordinance could be issued only in emergency situation under the constitution.
The chief justice remarked that if the political party of the petitioner was an affectee then it could oppose the law in the Parliament. Why the court should get involved in political affairs, he asked.
The chief justice asked the lawyer to read the judgment of his court in case regarding production orders of Shahbaz Sharif. The court observed that it also affect the people of the concerned constituency if a member didn’t take oath after being elected.
The chief justice remarked that the opposition parties had strength in the Senate and it could raise the matter there.
Justice Minallah said that the petitioner political party was reputable, whether it wanted the people of any constituency without a representative.
The court asked that whether the opposition wanted to say that it has power in Senate but didn’t want to utilize it.
After listening arguments, the court reserved its judgment on maintainability of the case and later dismissed it while announcing the verdict.
In a nine page written order, it stated that it would not be in public interest if court interferes in this matter. The PML-N had good strength in national assembly and Senate as well.
The court said that an Ordinance must come to Parliament for approval under Constitution and the opposition parties could reject them there. Dragging courts in political matters could weaken the democratic system, it stated.
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