ISLAMABAD: The Federal Constitutional Court (FCC) on Monday restrained the Election Commission of Pakistan (ECP) from taking any action pending a final decision on a reference sent by the National Assembly Speaker. The reference seeks the disqualification of PTI-backed candidate from Swat NA-4, Sohail Sultan Advocate, under Article 63(1)(k) of the Constitution for allegedly holding a public office.
A two-member bench comprising Justice Aamir Farooq and Justice Rozi Khan heard the appeal of Sohail Sultan. The case concerns the alleged violation of a law imposing a two-year ban on holding public office after completing a tenure as a government official (Assistant Advocate General).
The court also issued notices to the ECP and all other parties. Barrister Gohar Ali Khan, representing petitioner Sohail Sultan, argued that after the completion of elections, a writ petition can be filed under Article 199 of the Constitution, but the Speaker did not have the authority to send a reference against a member. In this respect, he cited the Mian Nawaz Sharif case, stating that the Supreme Court has already settled the principles on this matter.
It is pertinent to mention that Sohail Sultan is accused of contesting the elections without completing the mandatory two-year restriction period after the end of his tenure as assistant advocate general, thereby violating Article 63(1)(k) of the Constitution.
