• ECP disqualifies nine lawmakers, including leaders of opposition in Senate and NA, after May 9 convictions
• Barrister Ali Zafar slams ‘disqualification spree’, says decision ignores ‘final judicial determination’
• Commission reverses Muzaffargarh by-poll order after LHC ruling
ISLAMABAD: Following their conviction by an anti-terrorism court in May 9 cases, the Election Commission of Pakistan on Tuesday disqualified nine lawmakers, including opposition leaders in the National Assembly and the Senate.
This latest move, described by a PTI leader as a ‘disqualification spree’ by the commission, takes the number of lawmakers ousted in less than two weeks to over a dozen.
Those sent home on Tuesday included NA Opposition Leader Omar Ayub, Senate Opposition leader Shibli Faraz, MNAs Zartaj Gul, Rai Haider Ali Khan, and Rai Hassan Nawaz Khan. Sunni Ittehad Council chief Hamid Raza — a key PTI ally — was also disqualified, besides three Punjab MPAs Muhammad Ansar Iqbal, Junaid Afzal Sahi, and Rai Muhammad Murtaza Iqbal.
One-third of the nine lawmakers disqualified by the ECP hail from Faisalabad.
A notification issued by the commission confirmed their disqualification and declared their seats vacant, on which by-elections will likely be held.
Last week, an anti-terrorism court in Faisalabad sentenced 108 individuals to 10 years of imprisonment for their involvement in the May 9 riots sparked by the arrest of Imran Khan in a corruption case.
On the other hand, PTI parliamentary leader in the Senate Barrister Syed Ali Zafar slammed what he called a ‘disqualification spree’ and said the recent wave of “illegal moves” targeting specific PTI lawmakers was without any procedural consistency or final judicial determination.
“This raises the spectre of selective accountability and institutional overreach by the ECP, whose constitutional role is to be an impartial arbiter in electoral matters — not a substitute trial or appellate court,” he said, claiming such actions were “politically motivated and legally unsustainable”.
He was of the opinion that the ECP had violated due process and fair trial guaranteed under Article 10A of the Constitution. According to Senator Zafar, disqualification under Article 63(1)(h) takes place if a person has been convicted of an offence involving moral turpitude and sentenced to more than two years, unless a period of five years has elapsed since release.
“Clearly, the conviction must be final and not sub judice. A mere trial court conviction does not attain finality if an appeal is pending before a higher court,” he said. He recalled that the Supreme Court in the Mohammad Nawaz Sharif v. ECP case (2018) held that disqualification under Article 63(1)(h) required that the conviction must have attained finality.
“Unless a conviction is upheld by the highest appellate forum, the ECP cannot assume the disqualification has materialised. In addition, Article 10A guarantees fair trial — the essential ingredient of which is that a person retains the presumption of innocence until all remedies are exhausted.”
If the ECP begins to disqualify persons based on non-final convictions or FIRs/investigations, it amounts to pre-judging guilt, which is unconstitutional, he said, adding that the election watchdog had no original jurisdiction to determine disqualification. He said the ECP was an administrative/quasi-judicial body under Article 218(3) and relevant statutes and could act only after a final conviction or declaration was passed by a competent court.
Barrister Zafar said the “use of ECP to target politicians before their legal process was complete undermines the democratic order and judicial independence” and puts at risk public confidence in constitutional institutions.
According to the senator, “The legal framework, constitutional interpretation by the Supreme Court, and principles of natural justice all require that convictions must be final (i.e., all appeals decided) and disqualifications under Article 62(1)(f) must be based on a judicial declaration.”
It may be noted that before these nine lawmakers, Punjab Assembly Opposition Leader Malik Ahmad Bhachar, MNA Abdul Latif from Chitral, Senator Ejaz Chaudhry, and MNA Mohammad Ahmed Chattha had already been disqualified in the last week of July.
On July 15, Jamshed Dasti was also disqualified over “fake academic credentials”.
The commission had also announced a schedule for a by-election on the seat it had declared vacant following his disqualification, which it had to reverse on Tuesday in light of a Lahore High Court order.
“Pursuant to the order dated 30th July, 2025, passed by the Honourable Lahore High Court…the election programme for the conduct of by-election in NA-175 Muzaffargarh-l…is hereby suspended till further order of the Honourable Lahore High Court, Lahore in the above titled case,” a notification issued by the ECP read.
Published in Dawn, August 6th, 2025