The Election Commission of Pakistan (ECP) on Tuesday disqualified MNA Abdul Latif Chitrali under Article 63(1)(h) of the Constitution, declaring his seat, NA-1 Chitral, vacant.
The disqualification decision was made in light of an order dated July 29. Abdul Latif had been elected as an MNA from the NA-1 constituency in Chitral on the ticket of the Sunni Ittehad Council (SIC).
Background of case
The Election Commission of Pakistan had earlier reserved its verdict in the disqualification reference against Abdul Latif Chitrali. The case was heard by a five-member bench of the ECP, headed by Chief Election Commissioner Sikandar Sultan Raja.
During the proceedings, the petitioner’s lawyer highlighted that the earlier court decision had only been nullified in relation to the co-accused, not Abdul Latif Chitrali himself. A member of the ECP from Khyber Pakhtunkhwa questioned the legitimacy of the defense, asking if the lawyer had proper authorization to represent a “declared person.”
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“Is your power of attorney signed by Abdul Latif Chitrali himself?” the member inquired.
The Balochistan member of the bench further pointed out that Article 63(1)(h) of the Constitution does not necessarily require a lawyer to make representations, emphasizing the straightforward nature of the legal provision.
In response, Chitrali’s lawyer argued that they had received interim relief from the high court. However, ECP members pressed for documentation. “Where is that order? On what day was interim relief granted?” asked the KP member. The lawyer requested time to submit a written reply.
Chief Election Commissioner Sikandar Sultan Raja remarked that the original short order did not make the matter clear, but a detailed judgement had now been received. “We will review it thoroughly before proceeding further,” he said. He added that depending on the final evaluation, the reference may move forward, and legal arguments would be invited.
A day earlier, the ECP had declared PTI leaders, Senator Ejaz Chaudhry, Ahmad Khan Bhachar and Ahmad Chattha, ineligible to hold public office, vacating three two Senate and a Punjab Assembly seats in a landmark decision.
The commission issued a notification against Senator Ejaz Chaudhry following his 10-year conviction by an anti-terrorism court. Chaudhry was found guilty of offences under the Anti Terrorism Act, prompting the commission to annul his membership.
Chattha of NA-66 Mianwali and Bhachar of PP-87 Minawali were disqualified after separate anti-terrorism court verdicts. Both members were found to have violated legal provisions related to public office holders.
