ECP may decide Imran’s case on December 4

His counsel says the clause has been challenged in IHC and poll body should wait till results

ISLAMABAD: Election Commission of Pakistan (ECP) is likely to decide a case pertaining to alleged violation of code of conduct during elections against Pakistan Tehreek-e-Insaf chief Imran Khan on December 4.

This was hinted at by Chief Election Commissioner (CEC) Justice (Retd) Sardar Muhammad Raza on Wednesday, when a five member ECP bench that he was heading took up complaints regarding violation of code of conduct during elections by Khan and some Pakistan Muslim-Nawaz leaders during the recently held NA-120 by-elections in Lahore.



The constituency became vacant after former prime minister Nawaz Sharif was disqualified as a member of the National Assembly by the Supreme Court on July 28, this year. His wife Begum Kalsoom Nawaz won the by-polls held on September 17.

Khan’s counsel Shahid Gondal informed the ECP bench that PTI has already challenged the code of conduct in the Islamabad High Court (IHC), particularly the clause that bars a sitting member of parliament to take part in the election campaign in any by-poll. The IHC would resume hearing of the case on November 29, he added.

He requested the ECP bench not to proceed with its notices about violation of code of conduct against his client, till IHC decides PTI's petition challenging the code of conduct.

“Since the courts keep setting new dates for the hearing, the case keeps getting delayed,” remarked the chief election commissioner (CEC), admonishing political parties in general for using delaying tactics.

He asked PTI counsel to produce any order from the IHC which restrains the ECP from conducting proceedings. Another PTI lawyer Ali Bukhari claimed IHC had passed a stay order on May 4, this year. However he could not submit an order before the bench.

The CEC in his concluding remarks said that the ECP will conduct a final hearing into cases of violation of code of conduct during NA-120 by-elections on December 4 and announce its verdict accordingly.

He also ordered his secretariat to fix a hearing, for similar cases against ruling PML-N ministers and lawmakers on the same day. Returning officer for NA-120 had sent complaints of violation of code of conduct against PTI chief and many PML-N leaders.

ECP’s code of conduct for elections bars the president, prime minister, chief ministers, governors, cabinet members, elected members of parliament, provincial assemblies and assembly speakers from taking part in election campaigns for candidates of their respective parties in the by-polls.



ECP officials say Khan being a member of the National Assembly is not supposed to be a part of his candidates’ election campaigns. This clause has been disputed by the PTI and other parties, who think that only ministers should be barred from taking part in election campaigns as they can lure voters by announcing development projects in the constituency where the by-polls are taking place.

The clause has been a part of the code of conduct for elections formulated by the ECP for a long time, but has hardly been implemented by election authorities. Some ECP field officers tried to send notices to violators in this regard. A district election commissioner Jehlum was first to send notices to Khan and Hamza Shahbaz during last year's by-polls in NA-63.