IHC dismisses petition seeking Nisar Durrani’s removal
Member Election Commission Sindh Nisar Durrani (L) and PTI leader Fawad Chaudhry. — Facebook/AFP/File
A petition was filed by Fawad Chaudhry against Durrani’s appointment.
Justice Minullah made it clear that the court will not interfere unnecessarily in any matter.
The court said PTI was part of Durrani’s appointment in the past.
Islamabad: Islamabad High Court (IHC) On Monday, PTI’s petition seeking removal of Nisar Durrani from the post of Member of Assembly was dismissed as inadmissible. Election Commission Sindh, Geo News Reported
A day ago, PTI leader Fawad Chaudhry filed a petition against Durrani’s appointment.
During the hearing, Fawad’s lawyer Faisal Chaudhry argued that Durrani’s appointment is against Article 2016.
On this, Chief Justice Islamabad High Court Athar Minullah emphasized that this is a constitutional appointment and questioned how a member can be removed in this way.
Justice Manullah made it clear that the court “is bound to decide in the light of the Constitution” and will not “interfere unnecessarily in any matter.”
“We will not interfere in any way that creates a constitutional conflict.”
Asking the petitioner’s counsel to re-examine the relevant provisions, the IHC chief justice said that in this case, the Constitution not only provides a forum but also prescribes a procedure.
In his counter arguments, the counsel said that Durrani’s case was completely different and would apply only where there was misconduct.
However, the IHC stressed that the appointment was made after fulfilling all constitutional requirements, thus, Durrani could only be removed in this way.
The court added PTI This was also a part of the appointment until it was made. The Chief Justice said that ‘this appointment was made by the then parliamentary committee and it was mandatory for this court to implement the constitution in its entirety’.
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