LAHORE: Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan on Wednesday filed a petition in the Lahore High Court (LHC) seeking an order to stop the Election Commission of Pakistan (ECP) from a process to remove him from the party chairperson office in the light of his disqualification in the Toshakhana reference.
The ECP last month initiated the process to remove Khan as chairman of the PTI following its verdict in the Toshakhana (national depository) case.
It disqualified the ousted premier under Article 63(1)(p) of the Constitution for making “false statements and incorrect declaration”.
The cricketer-turned-politician in his petition asserted that the law does not place any bar on a convict from becoming an office-bearer of a political party.
In the petition, Khan said the ECP has exceeded its powers by trying to remove him as the PTI chairperson.
It said the ECP had started illegal proceedings against Khan and that the 70-year-old leader had revealed his full assets before the ECP.
The petition filed through Senator Barrister Syed Ali Zafar said: “The cognizance and exercise of jurisdiction by the ECP for debarring Imran Khan from holding the office of the party chairman on the basis of alleged incorrect statement of assets and subsequent disqualification is unlawful and contrary to the Constitution.”
The ECP issued the impugned notice to Khan on December 7, 2022, for removing him from the office of the party.
“The entire scheme of the qualification and the disqualification under the Constitution and the Act has been misconstrued by the ECP and the precedent set by the Supreme Court in the disqualification of former prime minister Nawaz Sharif has been misapplied to the detriment of the petitioner. In fact, the impugned findings of ECP are to the detriment of the entire scheme of parliamentary democracy which is not warranted in law and is liable to be set aside by the court,” the petition said.
Khan further requested the court to declare the impugned notice issued to the petitioner illegal and unconstitutional.
The ECP last month initiated the process to remove Khan as chairman of the PTI following its verdict in the Toshakhana (national depository) case.
It disqualified the ousted premier under Article 63(1)(p) of the Constitution for making “false statements and incorrect declaration”.
The cricketer-turned-politician in his petition asserted that the law does not place any bar on a convict from becoming an office-bearer of a political party.
In the petition, Khan said the ECP has exceeded its powers by trying to remove him as the PTI chairperson.
It said the ECP had started illegal proceedings against Khan and that the 70-year-old leader had revealed his full assets before the ECP.
The petition filed through Senator Barrister Syed Ali Zafar said: “The cognizance and exercise of jurisdiction by the ECP for debarring Imran Khan from holding the office of the party chairman on the basis of alleged incorrect statement of assets and subsequent disqualification is unlawful and contrary to the Constitution.”
The ECP issued the impugned notice to Khan on December 7, 2022, for removing him from the office of the party.
“The entire scheme of the qualification and the disqualification under the Constitution and the Act has been misconstrued by the ECP and the precedent set by the Supreme Court in the disqualification of former prime minister Nawaz Sharif has been misapplied to the detriment of the petitioner. In fact, the impugned findings of ECP are to the detriment of the entire scheme of parliamentary democracy which is not warranted in law and is liable to be set aside by the court,” the petition said.
Khan further requested the court to declare the impugned notice issued to the petitioner illegal and unconstitutional.
