ISLAMABAD: The Election Commission of Pakistan (ECP) has said that it is constitutionally empowered to consider the reference of disqualification of legislators sent by the Speaker of the Assembly.
The Commission’s observations in a detailed judgment obtained by JEE News on Saturday – related to PTI Chairman Imran Khan’s disqualification in the Tosha Khana reference.
In a unanimous decision, a five-member bench of the ECP on Friday disqualified Khan as he submitted a false affidavit and was found guilty of corruption under Article 63(1)(p).
However, Khan has challenged the commission’s order in the Islamabad High Court, requesting the court to quash the decision as the ECP had no jurisdiction over the matter.
In the detailed judgement, the ECP said: “The Commission raised the question of disqualification under Article 63(2) of the Constitution to consider the reference by the Speaker and decide the same under Article 63(3) of the Constitution.” Go is competent to decide. It is not dependent on time.”
The order further stated that the Commission – under Article 63 (1) (p) read with Article 63 (2) – to consider the reference sent by the Speaker National Assembly regarding the disqualification of the legislators. Has authority.
The ECP, citing the Supreme Court’s order in “Muhammad Salman vs Naveed Anjum”, said that he has the power to decide disqualification cases and can disqualify a lawmaker if he thinks fit.
The Commission said that Khan has admitted that he kept five gift items after paying a total amount of Rs 11,684,250 (Eleven Million Six Hundred Eighty Four Thousand Two Hundred Fifty) and the total cost against the valuables in the statement. The amount is shown. of assets and liabilities for the year 2020-21.
The same declaration has also been made in the tax returns for the year 2020-21. However, according to the ECP, Khan declared them under the head of personal use in his declaration when he should have disclosed them under the head of movable assets.
“Regarding particulars of items no particulars of gift items are disclosed in column no. 3 of Form-B […] the respondent had to declare these items under various headings specifically in Form-B. I was described under the main head. Movable assets,” mentioned the ECP.
‘Deliberately Concealed’ FactsÂ
The ECP – after hearing arguments from both sides and examining the evidence – said that Khan had “deliberately concealed” the facts by not disclosing the details of the gifts in his statement of assets and liabilities for the year 2018-19 and Neither accounted for the sales process. .
He also did not provide details of gift items as required under Column No. 3 of Form-B, the ECP said, adding that the former prime minister had not provided details of the sale proceeds and bank accounts. Also failed to connect.
“The amount allegedly received in his bank account is not in accordance with the estimated value of the gift items. Therefore, the respondent has filed a false statement and material misstatement for the financial year 2018-19.”
The order said that the respondent in his written reply has also made vague and ambiguous statements that the gifts purchased by him during the financial year 2019-20 were gifted by him or on his behalf to others. were gone
“However, the relevant column j(i) of Form B is marked as N/A and there is no clarification in the remarks of column 3,” the commission said.
Therefore, the ECP said, it has been proved that he deliberately concealed material facts and submitted false declaration of his assets and liabilities – especially material which would have had serious consequences under the Constitution and the law. are
The ECP said Khan “willfully and willfully violated” provisions contained in Sections 137, 167, and 173 of the Election Act, 2017 and made false statements and misrepresentations in the statement of assets and liabilities before the commission. gave Year 2020-21.
“Therefore, attracts disqualification under Article 63(1)(p) of the Constitution read with Sections 137 and 173 of the Elections Act, 2017,” the order added.
We are of the opinion that the respondent [Khan] has been disqualified under Article 63(1)(p) of the Constitution read with Sections 137, 167, and 173 of the Elections Act, 2017, thereby disqualifying him. Is. To become a member of the National Assembly of Pakistan and accordingly his seat has become vacant.
The ECP said the PTI chairman has committed the offenses of corruption under Sections 167 and 173 of the Elections Act, 2017, which are punishable under Section 174 of the Elections Act, 2017.
