ISLAMABAD: According to a report that was published in The News, the Election Commission of Pakistan (ECP) began the process on Monday to remove Imran Khan from his position as chairman of the Pakistan Tehreek-e-Insaf (PTI) following his disqualification for the Toshakhana reference.
ECP sources claim that the case has been scheduled for a hearing on December 13 and that a notice has been sent to the PTI chief.
According to the publication, on the same day, the Election Commission will also resume hearing a show cause notice to the PTI based on the foreign funding case judgment.
However, a senior PTI leader stated that it had already been decided to write to Chief Election Commissioner Sikandar Sultan Raja for an explanation and questioned the legality of the notice sent to the party chairman.
He insisted that there was no legal basis to remove a party leader and that anyone who had been convicted could lead a political party or hold office.
The former Political Parties Order 2002’s Section 5 (1), stated that “Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party or be otherwise associated with a political party or take part in political activities or be elected as an office-bearer of a political party,” was not retained in the Elections Act of 2017. Provided that a person who is either unqualified to be elected or disqualified from being chosen as a member of the Majlis-e-Shoora under Article 63 of the Constitution of the Islamic Republic of Pakistan or under any other law currently in effect cannot be appointed or serve as an office-bearer of a political party….”
It is pertinent to note that petitions challenging the Elections Act 2017 were heard by a three-member bench of the Supreme Court of Pakistan, headed by then-chief justice Saqib Nisar in 2018 and comprising Justice Umer Ata Bandial and Justice Ijazul Ahsan.
In its judgment, the bench determined that former premier Nawaz Sharif lacked the qualifications to lead the PML-N.
According to the written order, the respondent had “intentionally and deliberately” violated the provisions [in] Sections 137, 167, and 173 of the Elections Act 2017 because 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 commission had disqualified Imran Khan in the Toshakhana reference in October of last year for making “false statements and an incorrect declaration.”
“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,” the ECP also stated in its order.
Report originally published by The News
