ISLAMABAD: The electoral body has disqualified Chairman Pakistan Tehreek-e-Insaf (PTI) and former prime minister Imran Khan from his parliamentary membership for filing “false” and “incorrect declaration” in his statement of assets and liabilities for the year 2020-21 filed with the electoral entity.
Issuing its verdict in the Toshakhana reference against Khan, moved by the Pakistan Democratic Movement (PDM) leaders, the Election Commission of Pakistan (ECP) ruled that Khan submitted to the commission “false declaration of his assets and liabilities in particular material which entails serious consequences under the constitution and law.”
It says the respondent has “intentionally and deliberately violated the provisions contained in Section 137,167 and 173 of the Elections Act 2017, who has made also statement and incorrect declaration before the commission in the statement of assets and liabilities filed by him for the year 2020-21, hence, attracts disqualification under Article 63(1)(p) of the constitution read with Section 137 and 173 of the Elections Act 2017.”
The ECP’s five-member bench headed by Chief Election Commissioner Sikandar Sultan Raja and comprising Nisar Ahmed Durrani, Shah Muhammad Jatoi, Babar Hassan Bharwana and former Justice Ikramullah Khan heard this case and authored the verdict. “As sequel to our abovementioned findings, facts available on record and keeping in view the argument of learned counsel for parties herein, we are of the considered opinion that the respondent has become disqualified under Article 63(1)(p) of the constitution read with Section 137,167 and 173 of the Elections Act 2017, consequently he ceases to be a member of the National Assembly of Pakistan and his seat has become vacant accordingly,” the order reads.
Crucial verdict in Toshakhana reference today
“As the respondent has made false statements and incorrect declaration, therefore, he has also committed offence of corrupt practices defined under Section 167 and 173 of the Elections Act 2017, punishable under Section 174 of the Elections Act 2017. Office is directed to initiate legal proceedings and to take follow-up action under Section 190(2) of the Elections Act 2017,” according to the verdict.
To the apparent relief of PTI, Khan has been disqualified under Article 63 (1) (p) and not under Article 62 (1) (f) – whereas disqualification under the latter is for lifetime in the light of different verdicts of the Supreme Court.
The PDM leaders sought Khan’s disqualification under Article 62 (1) (f) for allegedly concealing the details of Toshakhana gifts when he was the Prime Minister. Article 62 (1) (f) provides that a person shall not be qualified to be elected or chosen as a member of Parliament unless—he is “sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law.”
Article 63 (1) (p) provides that a person shall be disqualified from being elected or chosen as, and from being, a member of the Parliament, if—he is “for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a provincial assembly under any law for the time being in force.”
Some circles believe that Khan’s disqualification, which would be challenged in superior courts, is till the tenure of the present National Assembly, whereas, others argue that the disqualification is for five years. Keeping in view that the PTI chief has already quit his NA membership, the disqualification does not appear to affect Khan’s present status—other than the fact that he would no longer be able to contest general polls on the seats of existing NA.
Recently, Khan clinched six of the seven NA seats he contested —in October 16 polls. Unless the ECP’s Toshakhana decision is challenged in the superior judiciary and overturned, by-polls would be required to be held again on the seats won by Khan.
The issuance of the Toshakhana verdict saw high drama as the ECP did not make the verdict public till the filing of this report reportedly because the order was not signed by one ECP member from Punjab Babar Bharwana. The said member is reportedly suffering from dengue virus. The unusual delay in the issuance of a signed verdict raised different speculations questioning the rationale behind issuing a “hasty” verdict when one of the bench members was ill.
Copyright Business Recorder, 2022
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