The Islamabad High Court has formed a bench to hear the petition against the disqualification of PTI chairman and deposed premier Imran Khan.
Justice Aamer Farooq will hold the hearing on October 31 (Monday).
Earlier, the court directed to remove the Registrar Office's objection of not attaching a certified copy of the Election Commission of Pakistan’s (ECP) decision and rejected the request to immediately suspend the decision of Imran's disqualification.
The former premier had submitted a petition to the IHC through Barrister Ali Zafar against the ECP's decision to disqualify him.
However, the Registrar’s Office raised several objections including not attaching the biometric verification of the petitioner and a certified copy of the decision.
The ECP had disqualified the PTI chairman under Article 63(1)(p) as it announced its verdict in the Toshakhana (gift depository) reference.
A commission's bench declared Imran’s National Assembly seat vacant as it unanimously decided that he had misled officials about the gifts he received from foreign dignitaries during his tenure as the prime minister.
The written ruling read that PTI chief had “intentionally and deliberately” violated the provisions contained in sections 137, 167 and 173 of the Elections Act, 2017 as he submitted a “false statement” and “incorrect declaration” to the ECP in the details of his assets and liabilities filed by him for the year 2020-21.
It added that the PTI chief had attracted disqualification under Article 63(1)(p) of the Constitution read with Sections 137 and 173 of the Elections Act, 2017.
In his plea, Imran had nominated the ECP secretary, National Assembly speaker and its secretary among others as respondents. It had been requested to declare the ECP’s decision null and void.
It was stated in the plea that according to the office memorandum, gifts of less than Rs30,000 could be taken without payment. It added that gifts that cost more than this amount could be bought on 50% payment.
Before the PTI government, gifts above Rs30,000 could be obtained on 20% payment.
The plea further stated that Imran had purchased 14 gifts from 2018 to 2021 with 20% to 50% payment.
Under the Election Act, members of parliament have to submit the details of available assets to the ECP by June 30.
The plea contended that if the asset was sold before June 30, its details were not needed to be provided to the commission.
It added that the petitioner had submitted the details of assets to the ECP every year.
The petition argued that if the ECP had any objections to the statements submitted by the PTI chief, it could have asked him about it within 120 days under Section 137(4) but it did not do so.
It added that the NA speaker had unlawfully sent a reference against the PTI chief to the ECP that contained “false and baseless” allegations.
The PTI chief also contended that the ECP did not have the jurisdiction to decide “any questions of ‘corrupt practices and disqualification’” under the Election Act and Election Rules, 2017.
“[The court should] declare that the reference itself is incompetent, illegal, unlawful and without lawful authority, mala fide and devoid of force and in the circumstances of the instant case, declare it null and void in the interest of justice,” the petition read.
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