Toshakhana case: Imran challenges ECP’s proceedings in LHC

Former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has approached the Lahore High Court (LHC), challenging the Election Commission of Pakistan (ECP) notice seeking to remove him as the party’s chairman.

The electoral watchdog commenced the proceedings to remove Imran Khan as chairman of the PTI last month, in aftermath of his disqualification in the Toshakhana reference, by issuing a notice.

In his plea, the former premier that the proceedings for his dismissal as the party head was initiated after his disqualification from the National Assembly’s seat NA-95.

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The ECP issued the notice over allegedly submitting a “false statement” but it cannot play the role of a tribunal while exceeding its authority.

“Calling Imran Khan incompetent is baseless and illegal and the notice was served to keep him away from politics,” the petition read.

The former premier requested the court to set aside the ECP’s notice while declaring and holding the assumption of jurisdiction and taking of cognisance by the electoral watchdog for his removal as party chairman as envisaged by the said notice, “illegal, ultra vires the powers of the ECP, contrary to the Constitution, and of no legal effect”.

Khan also sought suspension of the notice and restraining orders for the ECP to stop it from proceeding in the matter till the final disposal of this plea.

It is pertinent to mention here, the commission in October had disqualified Mr. Khan in the Toshakhana reference under Article 63 (1) (p) for making “false statements and an incorrect declaration”.

The written order said that the Khan had “intentionally and deliberately” violated the provisions of Sections 137, 167, and 173 of the Elections Act 2017, as he “has made false statements and an incorrect declaration before the commission in the statement of assets and liabilities filed by him for the year 2020-21”.

The ECP also said: “Accordingly, he (Imran Khan) ceases to be a member of the National Assembly and legal proceedings will be initiated against him under Section 190 (2) of the Elections Act 2017.”