“The court has consistently observed that its involvement in matters which otherwise could be resolved by the Majlis-e-Shoora (Parliament), is in violation of the scheme of the Constitution,” the top judge said. The PML-N approached the IHC and challenged the vires of the Election (Third Amendment) Ordinance, 2021, saying it was person-specific with the sole purpose to target PML-N and ordinances cannot be used to create permanent consequences. Through the ordinance, which was notified in the official gazette on September 3, 2021, the government has inserted Section 72A (seat to become vacant on not making oath) in the Election Act, 2017. Interestingly, the court noted that the ruling party does not enjoy the majority in Senate and despite having a majority, opposition parties do not disapprove the Amendment Ordinance, 2021. For the foregoing reasons, he stated, this “court is not inclined to exercise its extraordinary discretionary jurisdiction vested under Article 199 of the Constitution and consequently the petition is accordingly dismissed”.

Source: Pakistan Today October 01, 2021 17:48 UTC