- LHC observed that petition stood infructuous
- Office bearer of political party must meet standards
- Advocate Siddique had filed the petition
LAHORE: A Lahore High Court (LHC) larger bench on Monday disposed of two identical petitions concerning Pakistan Tehreek e Insaf (PTI) Chairman Imran Khan’s disqualification by the Election Commission of Pakistan (ECP) in Toshakhana reference.
As the bench headed by Chief Justice Muhammad Ameer Bhatti resumed its hearing, Advocate Azhar Siddique, a counsel for one of the petitioners, stated that the petitioner wanted to withdraw the petition since former prime minister Imran Khan had personally approached the court against his disqualification in the Toshakhana case.
Other members at the bench were Justice Abid Aziz Sheikh and Justice Sajid Mahmood Sethi.
The bench allowed the request of the counsel and disposed of the petition as withdrawn.
The bench also disposed of the other petition, which sought a direction to the ECP to remove Khan from the office of the party’s chairman.
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The LHC observed that the petition stood infructuous since the ECP had already initiated its proceedings on the matter.
This petition was filed by Advocate Muhammad Afaq saying the ECP disqualified the former prime minister and de-seated him from Mianwali’s NA-95 constituency on charges of corrupt practices.
Therefore, as per the Representation of Peoples Act 1976 and the Political Parties Order 2002, the office bearers of a political party must meet the standards provided in articles 62 and 63 of the Constitution.
He argued that Mr Khan was violating the laws by continuing to head the PTI, a party registered with the ECP, and that a person disqualified under Article 63 was not entitled to become or stay as office-bearer of a political party.
Advocate Siddique had filed the petition on behalf of Jabir Abbas Khan, a voter from the NA-95 constituency, challenging the legitimacy of section 137(4) of the Election Act 2017 invoked by the ECP to de-seat Khan.
The petitioner argued that the PTI chairman had been disqualified under sections 137(4), 167 and 173 of the Election Act despite the fact that these sections did not mention the word `disqualification`.
The petitioner said the ECP `illegally and unlawfully` disqualified Mr Khan under Article 63(1p) of the Constitution along with sections 137 and 173 of the Election Act, because Section 137 specified only a three year punishment or fine or both, and not a disqualification.
