LAHORE: A full bench of the Lahore High Court on Monday disposed of two petitions about the proceedings of the Election Commission of Pakistan (ECP) against Chairman of Pakistan Tehreek-e-Insaf (PTI) Imran Khan in the Toshakhana reference.
A voter from Imran Khan’s constituency NA-95 Jabir Abbas Khan had challenged the legitimacy of section 137(4) of the Election Act 2017 invoked by the ECP to de-seat Imran Khan.
The other petition was filed by a bar member, Muhammad Afaq, saying the ECP disqualified the former prime minister Imran Khan and de-seated him from Mianwali’s NA-95 constituency on charges of corrupt practices. As per the Representation of Peoples Act 1976, and the Political Parties Order 2002, the office-bearers of a political party must meet the standards provided in articles 62 and 63 of the Constitution, he added.
The petitioner argued that Imran Khan was violating the laws by continuing to head the PTI although a person disqualified under Article 63 was not entitled to become or stay as office-bearer of a political party.
Earlier, the counsel of Jabir Abbas Khan stated that the petitioner wanted to withdraw the petition since Imran Khan had personally approached the court against his disqualification in the Toshakhana case. The bench allowed the request of the counsel and disposed of the petition as withdrawn.
The petitioner Jabir argued that the PTI Chairman had been disqualified under sections 137(4), 167 and 173 of the Election Act despite the fact that these sections did not mention the word `disqualification`.
The petitioner said the ECP `illegally and unlawfully` disqualified Imran Khan under Article 63(1p) of the Constitution along with sections 137 and 173 of the Election Act, because Section 137 specified only a three year punishment or fine or both, and not a disqualification.
The bench disposing of the other petition observed that the petition stood infructuous since the ECP had already initiated its proceedings on the matter.
The petitioner said the ECP disqualified Imran Khan and de-seated him from Mianwali’s NA-95 constituency on charges of corrupt practices.
He said the office-bearers of a political party must meet the standards provided in articles 62 and 63 of the Constitution, hence Imran Khan was not entitled to become or stay as office-bearer of a political party.
Copyright Business Recorder, 2023
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