LAHORE: A Lahore High Court judge on Monday recused himself from hearing a petition seeking disqualification of Prime Minister Imran Khan as member of the National Assembly from NA-131 (Lahore) on the ground of not being “sadiq and ameen” as required under Articles 62 & 63 of the Constitution.
A two-judge LHC bench comprising Justice Mamoon Rashid Sheikh and Justice Shahid Waheed took up the petition moved by Mudassar Chaudhry of the Pakistan Justice & Democratic Party, a defeated candidate from the NA-131 constituency.
However, Justice Waheed recused himself from the case, saying he had already decided an identical petition. At this, Justice Sheikh referred the matter to the chief justice for the constitution of a new bench.
Mudassar Chaudhry, through his counsel, submitted that under Section 60(2)(d) of the Elections Act, 2017, a candidate had to furnish a statement of his assets and liabilities and of his spouse and dependent children. However, he said, Mr Khan failed to disclose details of properties owned by his wife, two sons and ‘daughter’ Tyrian Jade Khan White.
The petitioner stated that the respondent had not made truthful declaration in nomination papers as well as in affidavit to the effect that Tyrian Jade Khan White was his daughter.
Therefore, he said, the respondent was not qualified rather disqualified under Article 62(1)(d), (e) and (f) and Article 63(1) (o) & (p) of the Constitution. He pleaded that the election of Imran Khan as returned candidate as well as his nomination be declared void and invalid.
He also asked the court to de-notify the respondent as an MNA and declare the seat vacant, besides issuing directives for the ECP to initiate appropriate proceedings against Mr Khan.
Published in Dawn, March 12th, 2019
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