Plea seeking removal of Imran as PTI chief admitted

LHC seeks replies from respondents by November 11

LAHORE:

The Lahore High Court (LHC) has accepted a petition for hearing, seeking the removal of PTI Chairman Imran Khan as party chief after his disqualification in the Toshakhana (gift depository) reference.

Earlier on Thursday, the court had reserved verdict on the maintainability of the plea filed by Advocate Muhammad Afaq.

Justice Sajid Mehmood Sethi announced the decision on Friday and served notices to the attorney general and advocate general Punjab. The LHC sought replies from the parties by November 11.

The PTI chief, Election Commission of Pakistan (ECP), Centre and others have been named as parties in the plea.

Referring to the Representation of the People Act 1976 and Political Parties Order (PPO) 2002, the petition stated that it was a legal and constitutional requirement for party officeholders to be qualified in accordance with Articles 62 and 63 of the Constitution.

It said that after Imran’s disqualification from the NA-95 constituency following the Toshakhana reference, it was “just” for him to be de-notified as the PTI chairman and that an order should be issued in this regard.

Imran is violating the laws by continuing to head the PTI, which is a registered party with the ECP, the plea said.

The court was requested to order the polls supervisory body to remove Imran as PTI chairman and issue directives for the nomination of a new party head.

Also read: Imran disqualified

Last month, the election supervisor had disqualified the PTI chief under Article 63(1)(p) in the Toshakhana reference.

A four-member bench of the ECP had 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 premier.

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 Imran had attracted disqualification under Article 63(1)(p) of the Constitution read with Sections 137 and 173 of the Elections Act, 2017.

“Consequently he ceases to be a member of the National Assembly of Pakistan and his seat has become vacant accordingly,” it read.

The commission ordered initiation of criminal proceedings against the ex-premier for submitting a false statement under Section 190(2) of the Elections Act.

The Toshakhana reference was moved by the Pakistan Democratic Movement against the PTI chief on August 4 for not “sharing the details” of Toshakhana gifts and proceeds from their alleged sale.

Despite the Pakistan Information Commission (PIC) ordering it to do so, the PTI while in government had been reluctant to disclose the details of the gifts presented to Imran since he took over his office in 2018.

The party claimed that it would jeopardise the international relations.