LAHORE:
A larger bench of the Lahore High Court (LHC) on Friday issued notices to concerned authorities on two petitions by former premier Imran Khan challenging his five-year disqualification in the Toshakhana reference and the Election Commission of Pakistan (ECP) declaring PTI’s intra-party polls as null and void.
The bench, headed by Justice Shahid Bilal Hassan, was also hearing a third petition by the party challenging the disqualification by the ECP in the Toshakhana reference for allegedly making false statements and submitting an incorrect declaration.
During the proceedings today, the bench observed the absence of ECP’s counsel and remarked that it would not be appropriate to conduct the proceedings in his absence.
Justice Hassan also expressed his concern over the bench’s jurisdiction, observing that the matter of ECP’s order in the Toshakhana case is also being heard in the Islamabad High Court (IHC), and questioned how could the same matter be heard in two different courts.
Replying to the reservations raised by the bench, Imran’s counsel Barrister Ali Zafar argued that they had filed a withdrawal application in the IHC but the court did not accept the motion.
Justice Hassan then replied that it will now be determined by the bench whether it can hear the plea or not. Zafar replied that petitions can be heard in two forums but it is the petitioner’s discretion from where he decides to withdraw a plea.
However, the bench directed the counsel to argue how the bench could hear the same plea which is pending before IHC. and remarked that this bench will decide these pleas after hearing detailed arguments upon jurisdiction, maintainability and merits.
Zafar expressed urgency in deciding the matters put before the bench, arguing that on one side the Supreme Court had directed to conduct the general elections and on the other hand ECP is likely to announce its schedule.
“We do not want a delay in the decision of these petitions,” he said adding that any delay can deprive a popular leader such as Imran the chance of contesting general elections.
PTI challenges ECP’s order to hold intra-party elections
PTI founding chairman Imran and PTI general secretary Omar Ayub Khan filed the plea challenging ECP’s order wherein it had directed PTI to hold intra-party elections within 20 days.
The petitioners requested the court to set aside ECP’s order it passed on October 23, 2023, declaring null and void the intra-party polls of PTI. They further prayed the court to declare valid PTI’s intra-party elections held on June 10, 2022.
The court was further prayed to not only suspend the operation of ECP’s order but also restrain ECP from passing any further adverse order till the disposal of this petition.
Toshakhana disqualification and five years disqualification pleas
Imran had also challenged in LHC the ECP’s notification of disqualifying him over not declaring Toshakhana gifts in the statement of assets and liabilities.
He highlighted that section 232 of the Elections Act 2017 was amended vide elections (amendment Act 2023 leaving no jurisdiction with the commission to decide the question of qualification or disqualification at all of a member based on any conviction by a court.
In fact, given these amendments made in the Elections Amendment Act 2023, ECP cannot decide the question of qualification or disqualification of any person at all.
He also requested the court to set aside the ECP’s notification it had issued to disqualify him from being a member of National Assembly for a period of five years and purporting to de-notify him as returned candidate from constituency NA-45 Kurram-I.
