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SC urges to declare Section 223(2) as ultra viresOUS News

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ISLAMABAD – The Supreme Court of Pakistan has been urged to declare Article 223 (2) of the constitution as ultra vires or as an alternative to the direction of the Election Commission of Pakistan to make a provision in the Election Act, 2017 that a person who wants to contest the votes against more than one seat, will increase the cost of by-election for such seats in advance. Muhammad Anwar Mughal had filed a constitutional petition under Article 184(3) in December 2022 before the Supreme Court, but the office of the SC President raised objections to it. The applicant on Wednesday filed an appeal against the President’s objections.

The applicant submits that some politicians to show that they are popular among the masses, nomination papers from 4 to 5 districts or more and there are even some politicians who submit their nomination papers for National seats and Local Assemblies as per Article 223 of the Constitution. He said that according to Article 223(2) of the Constitution, candidates who are elected from more than one seat must choose one seat, and leave the other seats, so the election committee must conduct the election. domestic on such. seats as per Section 223(4) by spending large sums from public funds.

For the elections of such persons who contest elections on more than one and who are disqualified, or resign from their seats, a huge amount (approximately Rs 80 to 90 million per seat) is spent on by-elections, the petitioner added. He further said that Article 223(2) allows candidates to compete in more than one election, but it opposes the important programs of the people because of the large amount they are spending for the local election. He raises the question, whether the rights of the individual are preferable to the rights of the citizens, who live under poverty.

Therefore Article 223 (2) is ultra vires to Article 8. Anwar Mughal said that in the 2018 General Election PTI Chairman Imran Khan contested elections from five National Assembly (NA) seats, while Tahir Sadiq from two NA seats, Ghulam Sarwar from two NA seats, Pervaiz Elahi two NA and one PP seat, and Hamza Shehbaz Sharif one from NA and one PP seat.

He submitted that according to media reports Rs90 to 100 million was spent on holding the elections of the National Assembly seat and half of it required for the Regional Assembly seat.


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