PESHAWAR: Awami National Party provincial chief Aimal Wali Khan has petitioned the Peshawar High Court for de-seating former prime minister Imran Khan as an MNA and barring him from heading his party Pakistan Tehreek-i-Insaf (PTI).

In a joint petition filed through lawyers Qazi Jawad Ehsanullah and Mohammad Waqas, Mr Aimal and voter from NA-25 (Kurram tribal district) Mohammad Tufail Shaheen claimed that Mr Imran had concealed his assets as well as that of his spouse in his nomination papers filed for the National Assembly by-elections in Oct last year due to which he stood disqualified from holding any public office under Articles 62 and 63 of the Constitution.

They requested the high court to declare that on account of concealment of his and his spouse assets, ex-PM Imran was, on the day he filed nomination papers, not qualified to be elected as the member of the National Assembly.

The petitioners also sought the court’s verdict declaring that by filing a false declaration of his assets with his nomination papers, he had permanently rendered himself disqualified from holding any public office, including that of an MNA.

PHC also requested to bar former PM from heading Tehreek-i-Insaf

They requested the court to set aside the notification of Election Commission of Pakistan of Jan 19, 2023, declaring the respondent (Imran Khan) to have been elected as MNA from NA-45 (Kurram-I) as the same was illegal and in violation of the Constitution and the Elections Act, 2017.

The petitioners requested the court to bar the former prime minister from holding the position of the head of a political party (PTI) and declare illegal all his actions and decisions in that capacity.

They said on Sept 15, 2022, the ECP had announced by-elections in eight National Assembly constituencies, including NA-45 Kurram.

The petitioners said PTI chief Imran Khan had contested on all eight seats and the ECP declared him a returned candidate from seven of the seats, including NA-45 through a notification on Jan 19, 2023.

They added that the ECP issued another notification on Feb 24 whereby the election of Mr Imran from six of the seats was de-notified and he remained elected from NA-45.

The petitioners contended that it was a matter of record that Imran Khan had, in his nomination papers, submitted false declaration of his assets and belongings thereby concealing material information.

They claimed that there was a long list of assets shown by the respondent in his income tax returns filed before the Federal Bureau of Revenue for the year 2021-22, but the same assets did not find any mention in the declaration of assets of the nomination papers.

The petitioners said one such instance easily seen from examining the nomination papers was assets in the form of jewellery worth Rs7 million had been concealed, which he had stated to have purchased and gifted to his spouse.

They said Section 60 of the Elections Act read with Form A, a candidate was obliged to submit and disclose all his assets and those of his spouse and dependent children.

The petitioners added that in case he concealed or held back assets and did not disclose the same, he was guilty of ‘making and publishing a false statement or declaration’ within the meaning of Section 173 of the Elections Act rendering himself not qualified or disqualified from being nominated and elected as member of the National Assembly.

Published in Dawn, April 6th, 2023