The Election Commission of Pakistan (ECP) seeks an explanation by Wednesday from Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan as to why he is still holding the top post in his party despite his disqualification.
The commission initiated the process for Khan’s removal from the party chairman’s post last month, in light of its verdict to disqualify the former premier in the Toshakhana reference case. In October 2022, Khan was disqualified from his Mianwali seat in the National Assembly under Article 63(1)(p) of the Constitution for making “false statements and incorrect declaration”.
In its latest move, ECP has ordered Khan to appear before the commission, in person or represented by legal counsel, on Wednesday (11 January) and explain his position on why he still holds the office of PTI chairman
The ECP notice states that the commission conducted a hearing on 20 December 2022 and passed an order according to which “after hearing the applicant, we have observed that the respondent, Imran Khan Niazi, is holding the position as PTI chairman despite having been disqualified/de-seated from NA-95, Mianwali-I in the order passed on October 21, 2022, by the commission on account of making false statements and declaration about his assets and liabilities”.
“It is further observed by the commission that pursuant to the pronouncement of the august Supreme Court of Pakistan reported as PLD 2017 SC 692, he, being, a disqualified person cannot hold the post as Chairman of a political party… The respondent be put on notice to explain his position on 11.01.2023”. Khan is required to appear in person or through counsel before the election commission on 11 January at 10:00 am to explain his position, according to the notice.
The latest notice is besides the ECP contempt proceedings going on against Khan and other PTI leaders
Legal experts say the reference of the Supreme Court (SC) judgement in the ECP notice, PLD 2017 SC 692, is purportedly incorrect. This judgement pertains to Nawaz Sharif’s disqualification only in which a JIT had been formed by the SC.
Experts contend that the judgement which is more relevant to the ECP notice is PLD 2018 SC 370, authored by former Chief Justice Saqib Nisar, in which the SC categorically held that a person who is disqualified due to implications of Article 62 and 63 could not be a “party head” as long as his disqualification is has the force of law.
On 3 January, the SC permitted the election commission to continue its contempt proceedings against PTI chief Imran Khan along with PTI leaders Asad Umar and Fawad Chaudhry.
Last week, Khan approached the Lahore High Court (LHC) challenging the ECP’s move to remove him from the party chairman’s post. In his petition, Khan maintained that the ECP initiated an “illegal” process for his removal as the party chair, after he was disqualified from the National Assembly’s NA-95 seat.
Khan pleaded before the court that the commission was “exceeding its powers” in trying to remove him from the top party office in PTI. Responding to Khan’s plea, the LHC stopped the electoral body on Thursday from stripping the former premier of PTI’s chairmanship.
