LAHORE: Justice Rasaal Hassan Syed of the Lahore High Court on Monday proposed formation of a larger bench to decide a petition challenging the legitimacy of section 137(4) of the Election Act 2017 invoked by the Election Commission of Pakistan (ECP) to de-seat former prime minister Imran Khan from NA-95, Mianwali, in Toshakhana reference.

The judge observed that important legal questions had been raised in the petition, which required to be decided by a larger bench.

The judge forwarded the petition to the chief justice with a request to form a larger bench on the matter.

Munir Ahmad, a lawyer, filed the petition through Advocate Azhar Siddique, pleading that former premier Imran Khan had been disqualified under sections 137(4) (power to prosecute for corrupt practice), 167 (corrupt practice) and 173 (making false statement or declaration) of the Act, however, in these sections, there was no mentioning of word “disqualification.”

He argued that not sharing details of Toshakhana gifts and proceeds from sale did not lead to disqualification. He said it could occur only when the prosecution commenced within 120 days of filing of nomination papers.

The petitioner claimed that the prosecution under section 137 of the Act was only possible to be initiated within 120 days of the filing of false asset statements. However, in the Imran Khan case, the last such statement was filed, on Dec 31, 2021.

Therefore, he said, the prosecution could have been initiated by April 30, 2022 but the same could not be commenced within the stipulated period of 120 days.

He contended that the ECP verdict disqualified Imran Khan under article 63(1)(p) of the Constitution read with sections 137 and 173 of the Election Act.

He argued that the ECP illegally and unlawfully disqualified Khan under section 137 of the Act which specifies only a three-year punishment or fine or both, and not disqualification.

The petitioner asked the court to declare the section 137(4) of the Election Act ultra vires to the Constitution.

Published in Dawn, November 26th, 2024