LAHORE: A Lahore High Court five-member larger bench will resume on 12th hearing of a petition by PTI Chairman Imran Khan against the proceedings of the Election Commission of Pakistan (ECP) to debar him from heading his party following disqualification in the Toshakhana reference.

On Jan 30, the bench had adjourned its hearing to wait for a decision by the Islamabad High Court (IHC) on an application for withdrawal of a similar petition by Khan.

Headed by Justice Shahid Bilal Hassan, the bench comprises Justice Shams Mahmood Mirza, Justice Shahid Karim, Justice Shehram Sarwar Chaudhry and Justice Jawad Hassan.

A single bench had restrained the ECP from taking any adverse action against Khan in its proceedings to debar him from heading the party following his disqualification from NA-95, Mianwali-I, constituency for allegedly filing incorrect statements of assets.

The ECP had started the proceedings against Khan after disqualifying him from his Mianwali seat in the Toshakhana reference.

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 submitted that a pivotal point involved in this case was whether the ECP could pass any declaration, which was not mentioned under Article 218(3) Constitution.

He pointed out that a reference against Khan was submitted before the NA speaker, who sent it to the ECP to decide the matter.

He argued that the ECP could not issue the impugned notice to him since it never made a declaration against him under the article 62(1)(f) of the Constitution.

He asked the court to declare the ECP notice and proceedings illegal and unconstitutional.

He also urged the court to hold that the findings of the ECP against the petitioner of making false statements about his assets and liabilities and subsequent disqualification were unlawful and without lawful authority.

Published in Dawn, April 9th, 2023

Opinion

Editorial

Last call
Updated 15 Nov, 2024

Last call

PTI should hardly be turning its "final" protest into a "do or die" occasion.
Mini budget talk
15 Nov, 2024

Mini budget talk

NO matter how much Pakistan’s finance managers try to downplay the prospect of a ‘mini budget’ to pull off a...
Diabetes challenge
15 Nov, 2024

Diabetes challenge

AMONGST the many public health challenges confronting Pakistan, diabetes arguably does not get the attention it...
China security ties
Updated 14 Nov, 2024

China security ties

If China's security concerns aren't addressed satisfactorily, it may affect bilateral ties. CT cooperation should be pursued instead of having foreign forces here.
Steep price
14 Nov, 2024

Steep price

THE Hindu Kush-Himalayan region is in big trouble. A new study unveiled at the ongoing COP29 reveals that if high...
A high-cost plan
14 Nov, 2024

A high-cost plan

THE government has approved an expensive plan for FBR in the hope of tackling its deep-seated inefficiencies. The...