LAHORE: A full bench of the Lahore High Court would proceed with a petition of PTI Chairman Imran Khan on January 30 against the proceedings of the Election Commission of Pakistan (ECP) to debar him from heading his party.
The bench headed by Justice Shahid Bilal Hassan and comprising Justice Shams Mahmood Mirza, Justice Shahid Karim, Justice Shehram Sarwar Chaudhry and Justice Jawad Hassan.
Last week, a single bench comprising Justice Jawad Hassan had recommended the chief justice to form a larger bench on the matter.
The single bench had already restrained the ECP from taking adverse action against Imran Khan in proceedings to debar him from heading the party following his disqualification from National Assembly NA-95 constituency for allegedly filing incorrect statement of assets.
The ECP started the proceedings against Khan after disqualifying him from his Mianwali seat in the Toshakhana reference.
Imran Khan through his counsel challenged the assumption of jurisdiction by the ECP through the issuance of the impugned order and the notice.
He sought the interpretation of Articles 218(3) and 219, read with Articles 4 and 5 of the Constitution and Sections 8(c) and 9 of the Election Act in the light of Article 62(f) of the Constitution.
He pointed out that a reference against Imran Khan was submitted before the NA speaker, who sent it to the ECP to decide the matter.
The counsel maintained that the pivotal point involved in this case was whether the ECP could pass any declaration which was not mentioned under Article 218(3).
It argued that the ECP cannot issue the impugned notice to the petitioner since it never made a declaration against him under the article 62(1)(f) of the Constitution.
Copyright Business Recorder, 2023
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