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Sheikh’s disqualification case,SC recommends constitution of a full-court bench

Islamabad: In his dissenting note, Justice Qazi Faez Isa recommended constitution of a full-court bench.
He said uncertainty in implementation of law can damage the credibility of the upcoming general elections. We will have to dispel this perception that the law treats people differently. Justice Isa wrote 27 pages decision in petition against Sheikh Rasheed.
The questions outlined by Justice Faez Isa are as following: Does Article 225 of the Constitution excludes the application of Article 184(3) of the Constitution to election disputes?
If the answer is in the negative then is an election dispute regarding an individual’s disqualification or disqualification a matter of public importance which requires the enforcement of a fundamental right and if so can it be determined under Article 184(3) of the Constitution?
If the answer is in the affirmative, are the procedural and evidentiary rules governing election petitions and appeals under the ROPA the same as those governing petitions under Article 184(3) of the Constitution?
Does every non-disclosure in the nomination form result in the disqualification of a candidate or only those whereby one had circumvented some inherent legal disability to participate in an election?
If a petition does not disclose the particular facts, on the basis of which disqualification is sought, can these be considered when subsequently disclosed in the affidavit in evidence of the petitioner or which may otherwise be discovered during the hearing before the tribunal or court?
If a candidate is disqualified on account of non-disclosure or misdeclaration, does such disqualification subsist only till the next election or is it permanent?
Does the court of law mentioned in Article 62(1) (f) of the Constitution include the Supreme Court when exercising jurisdiction under Article 184(3)?
It is pertinent to mention here that the Supreme Court’s three-member bench, head by Justice Sheikh Azmat Saeed and comprising Justice Qazi Isa and Justice Sajjad Ali Shah had reserved its verdict on March 20 on an appeal of Shakeel Awan.

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