On Thursday, Imran Khan, the founding chairman of Pakistan Tehreek-e-Insaf (PTI), lodged a challenge in the Lahore High Court (LHC) against the Election Commission of Pakistan’s (ECP) decision to disqualify him for five years. The disqualification was based on his alleged failure to declare Toshakhana gifts in his statement of assets and liabilities.
Khan argued that recent amendments to the Elections Act 2017 restrict the ECP’s authority in determining the qualification or disqualification of a member based on a court conviction. In his petition, he urged the court to annul the ECP’s notification, which not only disqualified him for five years but also purportedly de-notified him as the returned candidate from constituency NA-45 Kurram-I. Additionally, Khan requested the court to suspend the operation of the notification until the final disposal of the petition.
In his petition, Khan provided context to the case, underscoring that a complaint from members of his rival political party prompted the National Assembly speaker, who is also his political rival, to submit a reference to the ECP. He accused the ECP of hasty and unlawful actions aimed at excluding him from the upcoming general elections instead of ensuring fairness and freedom in the electoral process.
The reference from the National Assembly speaker alleged that Khan had omitted to declare certain Toshakhana gifts in his statement of assets and liabilities filed under section 137 of the Election Act 2017, arguing that this omission warranted disqualification under Article 62(1)(f) of the Constitution.
Despite Khan’s explanations, the ECP allegedly removed him as a National Assembly member from NA-95 (Mianwali) and initiated proceedings under the Election Act 2017. Subsequently, the ECP sought to remove Khan from the PTI chairmanship. Khan contested this notice, and on January 5, 2023, the court granted him interim relief, preventing the ECP from issuing adverse orders.
Nevertheless, the ECP filed a complaint in the court of an additional district and sessions judge in Islamabad (West). Khan contended that the ensuing trial lacked the essential elements of a fair trial, as mandated by Article 10-A of the Constitution. He claimed the court denied him the opportunity to present witnesses, and during counsel arguments, the judge did not listen. In a swift 30-minute proceeding on August 5, 2023, Khan received a three-year prison sentence and a Rs100,000 fine, later suspended by the Islamabad High Court.
Khan argued that despite being elected from NA-45 Kurram-I in by-elections on October 30, 2022, and not having taken the oath, the ECP issued a contested notification de-notifying him as a returned candidate and disqualifying him for five years without further proceedings. He asserted that this notification violated his fundamental rights, was legally misconceived, and unsustainable in law, urging the court to set it aside. Central to his argument is the claim that the ECP issued the notification without notice or hearing, violating principles of natural justice, due process of law, and Articles 4, 9, and 10-A of the Constitution.
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