The Islamabad High Court (IHC), once again, issued a stay order to Election Commission of Pakistan (ECP), barring it from taking action on notices against Pakistan Tehreek-i-Insaf (PTI) Chairman Imran Khan for allegedly flouting election code of conduct.

The ECP had taken various notices against Khan for addressing public gatherings and campaigning in different constituencies even after the announcement of by-elections in those areas.

According to the commission, Khan flouted its 2015 order that had restrained the president, prime minister, chief ministers, state ministers, governors and advisers, MNAs and MPAs from visiting or giving any subscriptions or donations in the constituencies.

Babar Awan represented Khan in court on Monday and said that politicians who are public office holders are not allowed to participate in election campaigns under Article 260, but Khan is not a public office holder. He is only a representative of the public and thus, he cannot be kept from participating in election campaigns, Awan said.

While presenting his arguments to the court, Awan also said that ECP notices that are sent out after an election has taken place are not effective.

After hearing the PTI lawyer's arguments, Justice Amir Farooq, who was hearing the case, stayed ECP from taking action against Khan until further notice.

The case was adjourned until February 12.

The case first surfaced in April 2017, when the District Election Commissioner in Chakwal served Khan a show-cause notice, accusing the PTI chief of violating the ECP code of conduct as he campaigned in the district on ahead of upcoming by-polls.

After Khan moved the IHC against the ECP in May 2017, the court issued a stay order against the ECP, barring the commission from taking action against the PTI chief.

At the time, Awan had argued in court that preventing a party head from campaigning and addressing public meetings in constituencies where by-elections would take place, was a violation of Article 16, 17 and 19 of the Constitution.

In September 2017, the IHC withdrew its notice, giving the commission free reign to pursue the case, after ECP's counsel Sanaullah Zahid adopted before the court that the commission had issued similar notices to a number of politicians for violating the code of conduct and except the PTI chief, all the politicians tendered an unconditional apology to the ECP which was accepted by the authority.

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