LHC hears important PTI petitions tomorrow
LAHORE: Justice Jawad Hassan of the Lahore High Court will hear on Monday (tomorrow) a petition of the Pakistan Tehreek-i-Insaf (PTI) seeking a direction to the Punjab governor to immediately announce the date of general election in the province since the assembly had been dissolved.
The PTI filed the petition through its General Secretary Asad Umar and arrayed the governor as respondent through his (governor’s) principal secretary.
The petition states that more than 10 days have passed since the dissolution of the Punjab Assembly but the respondent failed to fulfill his constitutional duty of announcing the election date.
It says the governor’s inaction to do the needful is unlawful and unconstitutional as article 105 (3)(1)(a) of the Constitution reads where an assembly is dissolved by the governor, he shall announce a date for the holding of general election, not later than 90 days from such dissolution.
It pleads that the election date is to be announced by the respondent immediately, or if so deemed fit by an appropriate direction by the court to the president of Pakistan or the ECP, as the case may be.
TOSHAKHANA: A Lahore High Court five-member larger bench will take up on Monday (tomorrow) a petition by PTI Chairman Imran Khan against the proceedings of the Election Commission of Pakistan (ECP) to debar him from heading his party.
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 requested the chief justice to form a larger bench on the matter.
The single bench had also 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 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 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.
Published in Dawn, January 29th, 2023