LAHORE: A Lahore High Court’s (LHC) full bench would hear two identical petitions concerning PTI Chairman Imran Khan’s disqualification by the Election Commission of Pakistan (ECP) in Toshakhana case on January 09.
Chief Justice Muhammad Ameer Bhatti will head the full bench along with Justice Abid Aziz Sheikh and Justice Said Mahmoud Sethi. One of the petitioners, Jabir Abbas Khan, a voter from the NA-95 constituency, has filed an application through his counsel Azhar Siddique for an early hearing of his petition.
The petitioner has challenged the legitimacy of Section 137(4) of the Elections Act 2017 invoked by the ECP to de-seat the former premier. He argued that the PTI Chairman had been disqualified under sections 137(4), 167 and 173 of the Elections 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 Elections Act, because section 137 specified only a three-year punishment or fine or both, and not disqualification.
He asked the court to declare Section 137(4) of the Elections Act ultra vires to the Constitution and restrain the ECP from taking any action until the disposal of the petition.
The other petition filed by a bar member Mohammad Afaq stated that the ECP disqualified the former prime minister and de-seated him from Mianwali’s NA-95 constituency on charges of corrupt practices. Therefore, 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 argued that Imran Khan was violating the laws by continuing to head the PTI registered with the ECP. The petitioner asked the court to order the ECP to remove Imran Khan as head of the PTI.
Copyright Business Recorder, 2022
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