• LHC judge proposed forming a larger bench to hear the case
• ECP has started proceedings to remove Imran Khan as PTI Chairman
• Justice Hassan restrained ECP from taking action against Imran Khan

LAHORE: Justice Jawad Hassan of the Lahore High Court on Wednesday proposed to the chief justice that a larger bench should decide a petition of PTI Chairman Imran Khan against the proceedings of the Election Commission of Pakistan (ECP) to debar him from heading the party.

The ECP had started the proceedings following Khan’s disqualification from NA-95 (Mianwali-1) constituency for allegedly filing incorrect statements of assets. In the previous hearing, Justice Hassan restrained the ECP from taking adverse action against Khan.

During Wednesday’s hearing, Additional Attorney General Nasar Ahmad said the petitioner concealed the facts about the pendency of his petition on the same issue before the Islamabad High Court (IHC) wherein notices were issued and interim relief was also granted to him.

However, Khan’s counsel Barrister Syed Ali Zafar pointed out that the fact about the proceedings before the IHC was mentioned in the petition in hand.

Justice Hassan observed that since important articles of the “Constitution” and provisions of the “Election Act 2017” required interpretation therefore, he deemed fit to refer the matter with permission of the chief justice for the formation of a larger bench.

Therefore, the judge referred the petition to the chief justice for its adjudication by a larger bench. The judge observed that the stay granted to the petitioner shall continue till further proceedings by a larger bench.

Earlier, Barrister Zafar argued that his client (Khan) was aggrieved by the assumption of jurisdiction by the ECP through issuance of the impugned order and the notice.

He sought interpretation of articles 218(3) & 219 read with articles 4 & 5 of the Constitution and sections 8(c) & 9 of the Election Act, 2017 in the light of Article 62(f) of the Constitution.

He pointed out that a reference against the petitioner was submitted before the speaker of the National Assembly who sent the same to the ECP to decide the matter.

The counsel maintained that the pivotal point involved in this case was whether the ECP could pass any declaration which was not mentioned under article 218(3) of the Constitution.

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