PTI’s pleas sent to LHC CJ for placing before larger bench

One challenges ECP’s notification to disqualify Imran, other its directions to PTI for holding intra-party polls

LAHORE:

Lahore High Court Judge Shujaat Ali Khan has sent two PTI petitions – one challenging the Election Commission of Pakistan’s notification to disqualify Imran Khan and the other its directions to the PTI for holding intra-party elections – to Chief Justice Muhammad Ameer Bhatti proposing to place them before a five-member bench hearing matters of similar nature.

In the proceedings held in Judge Shujaat’s chamber, PTI counsel Barrister Ali Zafar was told that these petitions were being sent to the LHC CJ requesting to place them before a larger bench hearing cases of similar nature.

Plea on disqualification
Petitioner Imran, the founding chairman of Pakistan Tehreek-e-Insaf (PTI), on Dec 7 challenged in the LHC the ECP’s notification issued on Aug 8 under which he was disqualified for five years and de-notified as a returned candidate from NA-45 Kurram-I constituency over not declaring the Toshakhana gifts in his statement of assets and liabilities.

Imran contended that the recent amendments to the Elections Act 2017 limited the ECP's jurisdiction in deciding the qualification or disqualification of a member based on a court conviction.

In the petition, Imran urged the court to set aside the ECP's notification with a further request to suspend the operation of the notification until the final disposal of the petition.

Read Imran challenges ECP’s disqualification ruling in LHC

Plea on intra-party elections
Imran and PTI General Secretary Omar Ayub Khan filed a plea on Dec 7 in the LHC challenging the ECP’s notification issued on Nov 23 wherein the PTI was clearly directed to hold intra-party elections within 20 days.

The petitioners requested the court to not only set aside the ECP’s order but also declare valid the intra-party elections held on June 10, 2022.

The court was prayed to not only suspend the operation of the ECP’s order but also restrain it from passing any further adverse order till the disposal of this petition.

Read IHC rejects Imran's plea to withdraw appeal against disqualification in Toshakhana case

The petitioners contended that there were hundreds of political parties registered with the ECP but it had never questioned the holding of intra-party elections of any of them and indeed the ECP did not have any such jurisdiction under the law. However, the ECP picked only the case of PTI in an arbitrary, discriminatory, capricious and illegal manner and decided to review intra-party elections almost as if it was a trial court.

“The impugned order is contrary to articles 4, 9, 10A, 16, 17, 25, and 26 of the Constitution of Islamic Republic of Pakistan 1973.”