ISLAMABAD: The Islamabad High Court (IHC) on Monday barred the Election Commission of Pakistan (ECP) from holding by-polls on a National Assembly seat – NA-95 (Mianwali) – which had fallen vacant after disqualification of chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan in Toshakhana reference.
A single bench of IHC Justice Aamer Farooq heard Imran Khan’s petition challenging the ECP decision to disqualify him in the Toshakhana case.
After hearing the arguments, the IHC bench issued notices to Secretary ECP, Speaker National Assembly and others and restrained the commission from announcing the election schedule for NA-95 Mianwali-I.”
Imran Khan had assailed the ECP order dated 21.10.2022 whereby he has been disqualified under Article 63 (1) (p) of the Constitution read with sections 137, 167 and 173 of the Election Act, 2017 from the constituency of NA-95, Mianwali-I.
Barrister Ali Zafar, representing the PTI chief, argued that the ECP transgressed its jurisdiction. He contended that the reference filed under Article 62 (1) (f) of the Constitution; however, while answering the question, the same was treated under Article 63.
He submitted that Article 63 (1) (p) of the Constitution has been invoked which provides for disqualification of a Member of National Assembly for the time being under any law (in the instant case sections 137, 167 and 173 of the Elections Act, 2017).
The counsel took the Court through various provisions of Election, Act, 2017 to argue that no disqualification has arisen for the time being and the matter is still to be decided by the court of competent jurisdiction. i.e., Sessions’ Court.
The petitioner also submitted that only after the conviction by the Sessions Court on the ECP complaint, the petitioner could be disqualified.
He added that even otherwise, under section 137 (4), the limitation period prescribed for referring the complaint to the Sessions’ Court and taking any action is 120 days which period has expired.
The court then issued notices to the respondents and deferred the hearing until November 10. The court accepted Imran’s miscellaneous application, seeking to incorporate additional documents regarding the case.
According to the petition, Imran Khan filed his Statement of Assets and Liabilities for 2018, 2019 till 2021 in December 2018, 2019 till December 2021 and all assets or proceeds of sale thereof in shape of money as the case had been, as were available on 30th June of each year had always been declared by the petitioner before the ECP.
It stated that if ECP had any objection to any of the Statement of Assets and Liabilities or wanted any clarifications or additional details, under section 137 (4) the Commission could do so in 120 days, but it never raised any query or objection etc as required by Section 137(4) within 120 days.
He prayed the IHC to suspend the operation of the impugned order of the ECP and restrain further proceeding by ECP or its behest till final disposal of the titled petition.
Copyright Business Recorder, 2022
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