The Election Commission of Pakistan (ECP) on Monday delisted 5 cases against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, which will be heard on December 13.
The electoral body had last week initiated proceedings to remove Imran Khan from the post of PTI chairman after his disqualification in the much-discussed Tosha Khana reference by issuing a notice to the former prime minister for a hearing date.
However, it issued a fresh notification this morning, stating that five cases against Khan have been rescheduled due to the absence of bench members. Now the hearing will be held on December 20.
The delisted cases include the prohibited funding case, the case of suspension of notification of Khan’s victory in the by-election, two cases of removal of Khan from the post of PTI chairman and the case related to reimbursement of campaign expenses of Khan. .
The Election Commission has started the process of removing Imran Khan from the post of Chairman PTI.
A notice was issued to Imran on December 6 and the case was fixed for hearing on December 13, the day the election body was also scheduled to resume hearing on the show-cause notice to PTI based on the judgment in the foreign funding case. .
Reacting to the notice, a senior PTI leader questioned on what legal basis it was issued and said it had already been decided to write to Chief Election Commissioner Sikandar Sultan Raja for an explanation. He had insisted that there is no legal basis to remove a party leader and there is no bar on any convicted person to lead or become an office bearer of a political party.
The Elections Act 2017 did not retain this provision, which was part of Section 5(1) of the erstwhile Political Parties Order 2002, which read, “Every citizen, who is not in the service of Pakistan, shall form or shall have the right to be a member of a political party or to be associated with a political party or to participate in political activities or to be elected as an office-bearer of a political party: Provided that any person appointed as an office-bearer or shall not serve in a political party if he is ineligible or declared ineligible to be a member of the Majlis Shura under Article 63 of the Constitution of the Islamic Republic of Pakistan or under any other law. In power…”
In 2018, a three-member bench of the Supreme Court of Pakistan, headed by the then Chief Justice Saqib Nisar, comprising Justice Umar Atta Bandial and Justice Ijazul Ahsan, heard petitions challenging the Election Act, 2017. The verdict said that former prime minister Nawaz Sharif was not fit to act as the president of Muslim League-N.
Last October, the commission disqualified Imran under Article 63 (1) (p) for making “false statements and misrepresentations” in the Tosha Khana reference, and the written order said the defendant had “willfully and willfully” violated the existing provisions. Sections 137, 167 and 173 of the Elections Act, 2017, as he has “made false statements and misrepresentations before the Commission” in his statement of assets and liabilities filed for the year 2020-21.
The ECP in its order also said: “Accordingly, he (Imran Khan) is terminated as a member of the National Assembly and legal proceedings under Section 190 (2) of the Election Act, 2017 be initiated against him.” will”.
