ISLAMABAD: The Supreme Court (SC) on Wednesday conditionally allowed Pakistan Muslim League-Nawaz (PML-N) newly elected Senator for Islamabad seat Raheela Magsi to cast her vote for the election of chairman and deputy chairman senate.
The three-member bench of the apex court headed by Justice Anwar Zaheer Jamali comprising Justice Dost Muhammad Khan and Justice Umar Ata Bandial resumed hearing of Raheela Magsi’s appeal against the March 4 Islamabad High Court (IHC) decision.
The court also directed IHC to give a final verdict in 15 days. The bench directed the Election Commission of Pakistan (ECP) to issue notification of Raheela Magsi if IHC decision is not carried out in the fixed time.
The court ruled that if voting is preceded in the 15 days time span, then Magsi should be allowed to vote for the selection of chairman and deputy chairman senate.
Aitzaz Ahsan, counsel for Nargis Faiz Malik who had challenged the nomination of Magsi before the ECP, told the court that IHC decision was given after the consent of both the parties; therefore, such decisions cannot be appealed in the Supreme Court.
He said that Raheela Magsi belongs to Sindh but has been nominated as Senator from Islamabad which is a fraud with the constitution.
Justice Anwar Zaheer Jamali remarked that it is a fraud morally but there is no such restriction in law in this regard.
The IHC had allowed Raheela Magsi to contest the Senate election, but directed ECP not to issue the notification till a final decision on a petition challenging the nomination. Ms Magsi had moved the high court against her disqualification by the ECP on Feb 27 on an objection raised by PPP leader Nargis Faiz Malik on transfer of PML-N candidate’s vote from Sindh’s Tando Allahyar to Islamabad after the announcement of the election schedule.
In her petition, Ms Magsi contended that the issue of transfer of a vote could not form the basis for the rejection of her nomination papers because the ECP had categorically stated that Section 20 of the Electoral Rolls Act did not apply to the Senate elections.