Disqualification law passed by parliament challenged in LHC

LAHORE: Law determining the disqualification of lawmakers for five years, has been challenged in the Lahore High Court (LHC).

Plaintiff Mian Shabbir filed plea in the LHC through his lawyer Azhar Siddique. The Chairman of the Senate, the speaker National Assembly, the Election Commission of Pakistan and others have been made respondents in the case.

The plea stated Parliament passed an amendment in the Election Act with a simple majority, while such legislation cannot be done without a constitutional amendment.

Parliament cannot determine the tenure of lawmakers’ disqualification, the plea stated and urged to strike down section 232 of the Election Act.

On January 8, the Supreme Court (SC) of Pakistan declared lifetime disqualification for lawmakers under Article 62 (1)(f) of the Constitution ‘null and void’, ruling that parliamentarians would be barred from holding office only for five years.

A seven-member larger bench, headed by the CJP and comprising Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, announced the reserved verdict on a set of petitions seeking to determine whether the disqualification period for a lawmaker was for five years or a lifetime.

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