The Lahore High Court has been moved against amendments made to the Election Act 2017, which seek to define limits for 'disqualification' from contesting for public offices to five years.
The petition was filed by a citizen, Mashkoor Hussain, through his lawyer Nadeem Sarwar. In the petition, he listed the federal government and the Election Commission of Pakistan (ECP) as respondents.
Hussain contended that through the amendment, lifetime disqualification was limited to just five years, allowing politicians disqualified to contest for polls again.
It further argued that the Supreme Court had already decided the matter when it provided an interpretation of the duration of 'disqualification' under Article 62(1)(f) to mean disqualification for life. Moreover, it noted that since the Supreme Court had already provided an interpretation, amending the Constitution to change it violates Article 175(3) of the Constitution.
Thus, the petitioner urged the LHC to declare the amendment as illegal.
The deposed prime minister and Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif and Istehkam-e-Pakistan Party (IPP) Chairman Jahangir Khan Tareen are two major politicians who were disqualified in 2017 in the Panama Papers case and for failing to declare assets case.
In April 2018, the Supreme Court issued a verdict whereby their disqualifications under Article 62(1)(f) were determined to be for life.
Last year, the court disqualified Pakistan Tehreek-e-Insaf lawmaker Faisal Vawda under Article 62(1)(f) for concealing his dual national identity when filing nomination papers.
Under the Constitution, Article 62 caters to the disqualification of individuals as members of the Majlis-e-Shoora (Parliament).
It notes that to qualify, a candidate must be a citizen of Pakistan; meet the minimum age criterion; be enrolled as a voter in any constituency of Pakistan; be of 'good character and who is not commonly known to violate Islamic injunctions; has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by the religion and abstains from major sins; is sagacious, righteous and non-profligate, honest (sadiq) and ameen, carries no conviction; and has not worked against the integrity of the country or opposed the ideology of Pakistan.
However, neither Article 62 nor Article 63 lists a definite period of disqualification.