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

At the outset of the hearing, Barrister Syed Ali Zafar appeared on behalf of the petitioner and said he was ready to start his arguments.

However, a lawyer for the ECP stated that the hearing of a similar petition was fixed before the Islamabad High Court (IHC) for April 19. At this, the bench adjourned the hearing for a date to be fixed after Eidul Fitr.

The bench is headed by Justice Shahid Bilal Hassan and comprises Justice Shams Mahmood Mirza, Justice Shahid Karim, Justice Shehram Sarwar Chaudhry and Justice Jawad Hassan.

On Jan 30, the bench had also adjourned the hearing to wait for a decision by the IHC on an application for withdrawal of a similar petition by Imran Khan.

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

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

The PTI chairman, through his counsel, challenged the assumption of jurisdiction by the ECP through the issuance of the impugned order and the notice.

He sought 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) of the Constitution.

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

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

Published in Dawn, April 13th, 2023