A petition was filed on Monday in the Lahore High Court (LHC) challenging the Election Commission of Pakistan’s (ECP) relevant section under which Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan was disqualified, a private TV channel reported. LHC Justice Sajid Mehmood Sethi issued notices to concerned quarters seeking legal assistance from Advocate General Punjab (AGP) Ahmed Awais on the plea. The petitioner’s counsel senior advocate Azhar Siddique implored the court that section 137(4) of the Election Act, 2017 be declared ultra-vires the Constitution of the Islamic Republic of Pakistan, 1973 with further contention that the concerned authorities, especially the ECP, be restrained from taking any action or proceedings in this matter as the electoral watchdog is not a court of law, adding that it has no jurisdiction to do so.
Siqqique informed the court that Article 63(1)(p) of the Constitution states that an individual is, “for the time being, disqualified from being elected or chosen as a member of the Majlis-e-Shoora (parliament) or of a provincial assembly under any law for the time being in force”. He furthered that this provision does not apply to the former prime minister’s case as there is no mention of “disqualification” in the sections mentioned in the ECP order – such as sections 137, 167, and 173 of the Act. The counsel added that Article 63(1) (p) permits punishment mentioned in any law for the time being in force. “Likewise, not sharing details of Toshakhana gifts and proceeds from sale does not lead to disqualification. It can occur only when prosecution is commenced within 120 days of filing under Articles 63(2) and (3) of the Constitution,” Siddique told the court.
