LAHORE: A Lahore High Court five-member larger bench will resume on 12th hearing of a petition by PTI Chairman Imran Khan against the proceedings of the Election Commission of Pakistan (ECP) to debar him from heading his party following disqualification in the Toshakhana reference.

On Jan 30, the bench had adjourned its hearing to wait for a decision by the Islamabad High Court (IHC) on an application for withdrawal of a similar petition by Khan.

Headed by Justice Shahid Bilal Hassan, the bench comprises Justice Shams Mahmood Mirza, Justice Shahid Karim, Justice Shehram Sarwar Chaudhry and Justice Jawad Hassan.

A single bench had restrained the ECP from taking any adverse action against Khan in its proceedings to debar him from heading the party following his disqualification from NA-95, Mianwali-I, constituency for allegedly filing incorrect statements of assets.

The ECP had started the proceedings against Khan after disqualifying him from his Mianwali seat in the Toshakhana reference.

Khan through his counsel challenged the assumption of jurisdiction by the ECP through the issuance of the impugned order and the notice. He sought the interpretation of Articles 218(3) and 219, read with Articles 4 and 5 of the Constitution and Sections 8(c) and 9 of the Election Act in the light of Article 62(f) of the Constitution.

He submitted that a pivotal point involved in this case was whether the ECP could pass any declaration, which was not mentioned under Article 218(3) Constitution.

He pointed out that a reference against Khan was submitted before the NA speaker, who sent it to the ECP to decide the matter.

He argued that the ECP could not issue the impugned notice to him since it never made a declaration against him under the article 62(1)(f) of the Constitution.

He asked the court to declare the ECP notice and proceedings illegal and unconstitutional.

He also urged the court to hold that the findings of the ECP against the petitioner of making false statements about his assets and liabilities and subsequent disqualification were unlawful and without lawful authority.

Published in Dawn, April 9th, 2023