Following Imran Khan’s disqualification in the much-discussed Toshakhana reference, the Election Commission of Pakistan (ECP) on Monday started the process to have him removed as PTI chairman.
Imran has reportedly been given a notice, and the case has been scheduled for hearing on December 13—the same day the electoral board will start hearing on a show-cause notice issued to the PTI based on the decision in the foreign funding case.
A senior PTI leader responded to the notice by questioning the legal justification for its issuance and stating that it had already been resolved to write to Chief Election Commissioner Sikandar Sultan Raja for clarification.
He claimed that there was no legal basis for ousting a party leader and that no one who had been convicted of a crime was prohibited from leading or holding office in a political party.
The clause that was a part of Section 5 (1) of the previous Political Parties Order 2002 and read as follows has not been maintained by the Elections Act 2017, “Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party or be otherwise associated with a political party or take part in political activities or be elected as an office-bearer of a political party: provided that a person shall not be appointed or serve as an office-bearer of a political party if he is not qualified to be, or is disqualified from being, elected or chosen as a member of the Majlis-e-Shoora under Article 63 of the Constitution of the Islamic Republic of Pakistan or under any other law for the time being in force….”
Appeals against the Elections Act of 2017 were heard by a three-member bench of the Supreme Court of Pakistan, which included Justices Umer Ata Bandial and Ijazul Ahsan.
The court was led by former Chief Justice Saqib Nisar in 2018. In its ruling, the three-member panel determined that Nawaz Sharif was ineligible to lead the PMLN.
For making “false statements and an incorrect declaration,” the commission disqualified Imran in the Toshakhana reference in October of last year in accordance with Article 63 (1) (p). The written order stated that the respondent had “intentionally and deliberately violated the provisions contained [in] Sections 137, 167, and 173 of the Elections Act 2017.”
In his account of assets and liabilities submitted by him for the years 2020–2021, he has “made misleading representations and an erroneous declaration before the commission.” Additionally, the ECP ordered, “Accordingly, he (Imran Khan) ceases to be a member of the National Assembly and legal proceedings will be initiated against him under Section 190 (2) of the Elections Act 2017.”
To read our blog on “Imran Khan appeals in IHC against the ECP decision of disqualification,” click here.
