ISLAMABAD: The Election Commission of Pakistan (ECP) has sent a notice to Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan seeking an explanation for holding the top post in the party despite his disqualification.
The electoral body had started the process of removing Khan from the post of party chairman last month in light of its decision to disqualify the former prime minister in the Tosha Khana case.
In October 2022, Khan was disqualified from his Mianwali seat in the National Assembly under Article 63(1)(p) for making “false statements and false declarations”.
In his latest move, Khan has been asked to appear before the election watchdog on January 11 – whether in person or through a lawyer – and to continue as PTI chairman. Explain your position.
The notice explained that the commission held a hearing on December 20, 2022, wherein it issued an order that “after hearing the petitioner, we have observed that the respondent, Imran Khan Niazi, despite being disqualified PTI holds the post of Chairman.Removed from NA-95, Mianwali-I by the Commission on 21 October 2022 for making and declaring false statements about his assets and liabilities.
“It is further observed by the Commission that as per the judgment of August Supreme Court of Pakistan reported as PLD 2017 SC692, being an ineligible person he cannot hold the office of Chairman of any political party i.e. PTI May be. Notice be issued to the respondent to explain his position on 11.01.2023. Therefore you (Imran Khan) stated your position before the Election Commission on 11 January 2023 at 10 AM in person or through counsel. Need to explain.
LHC stopped ECP from removing chairmanship of PTI from Imran Khan.
It should be noted that Khan has challenged the ECP’s move to remove him from the post of party chairman in the Lahore High Court. Responding to Khan’s plea, the LHC on Thursday barred the electoral body from removing the former prime minister from the PTI’s top post.
In his plea, Khan maintained that the ECP initiated proceedings for his removal as party chairman after his disqualification from the NA-95 seat of the National Assembly.
The petition stated that the ECP issued the notice for allegedly submitting a “false statement”. However, it cannot act as a tribunal.
The petition stated that the disqualification of Imran Khan was baseless and illegal and the notice was given to keep him away from politics.
The former prime minister pleaded with the court to set aside the ECP’s notice while taking notice of the electoral body for declaring and holding the presumption of jurisdiction and his removal as party chairman as mentioned above. The notice envisaged, “illegal, ultra vires (beyond). Powers of ECP, unconstitutional, and of no legal effect”.
The court issued a notice and ordered the ECP to refrain from disciplinary action till the next hearing.
