ECP put on notice on pleas contesting PTI ex-chief's disqualification, intra-party polls
Pakistan
ECP put on notice on pleas contesting PTI ex-chief’s disqualification, intra-party polls
LAHORE (Dunya News) – The Lahore High Court on Friday issued notices to the Election Commission of Pakistan (ECP) on a petition challenging the disqualification of the former chairman of the Pakistan Tehreek-e-Insaf (PTI).
The court also issued notices to the parties on another petition brought by the PTI against the ECP’s order that required it to hold intra-party elections for a second time.
The two petitions – clubbed together – are being heard by a five-member larger bench, led by Justice Shahid Bilal Hassan, with other members including Justice Shams Mehmood, Justice Shahid Karim, Justice Shehram Sarwar Chaudhry and Justice Jawad Hassan.
Barrister Ali Zafar represented the former PTI chairman during the proceedings.
At the outset of the session, Justice Shahid Bilal announced that the court would first determine jurisdiction before proceeding with the case.
When inquiring about the ECP’s counsel, the associate advocate informed that ECP’s lawyers were on leave. Justice Bilal expressed that hearing the case in the absence of the ECP’s lawyer would not be appropriate.
Barrister Ali Zafar informed the court that the ECP had scheduled the next general elections for Feb 8.
Justice Shahid Karim stated that in the ex-PTI chief’s disqualification case, they could put the parties on notice and hear their arguments.
He also observed that the Lahore High Court had the authority to decide on the petition's hearing.
The court issued notices to the ECP regarding the disqualification of the former PTI chairman. Notices were also issued to the parties regarding the second intra-party elections of the PTI.
Later the court adjourned the hearing.
DISQUALIFICATION
The PTI founder had been disqualified for five years by the ECP following his conviction in the Toshakhana case.
In his petition, the former PTI chairman states that the ECP had on August 8, 2023, disqualified him as a member of the National Assembly, arguing that the ECP had, in a bid to keep him out of politics, acted in haste, making an unlawful action.
The petitioner claims that the allegations levelled against him were all baseless, adding that he desires to participate in next general elections for which the date has already been notified [by the ECP] on orders of the Supreme Court.
The former premier requested the court to void ECP’s decision of his disqualification for five years and stay the notification till this court takes a decision on his petition.
Back in August, the ECP had, in a notification, cited an Islamabad trial court’s order and disqualified the former PTI chairman under Article 63(1)(h) of the Constitution read with Section 232 of the Elections Act, 2017.
A day earlier, the trial court had, while hearing ECP’s complaint against the PTI chairman, sentenced him to three years imprisonment and imposed a fine of Rs0.1 million for concealing details of Toshakhana gifts.
The trial court had found the former PTI chief guilty of “corrupt practices by hiding the benefits he accrued from the national exchequer wilfully and intentionally”.
“He cheated while providing information of gifts he obtained from Toshakhana which later proved to be false and inaccurate. His dishonesty has been established beyond doubt,” the court had stated in its order.
Following the trial court’s verdict the PTI founder technically stood disqualified from holding any public office for five years under Article 63(1)(h) of the Constitution, which stipulates, “A person shall be disqualified from being elected or chosen as, and from being, a member of the Parliament if he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release.”
INTRA-PARTY POLLS
The PTI maintains that it had conducted intra-party elections on June 10, 2022, in accordance with the law and the constitution.
The constitutional petition has been filed on behalf of the PTI and its former chairman. The ECP has been made a party in the case.
The petitioners have requested the court to void the ECP’s order for conducting intra-party polls again and to declare the intra-party elections conducted on June 10, 2022, as valid.
