The country’s top electoral authority – Election Commission of Pakistan – has disqualified PTI chief Imran Khan from holding public office under Article 63 1(p) of the Constitution, not Article 62 1(f), as many people were expected that the decision would be against the former prime minister for not being “sadiq and ameen”.

“Imran Khan is punished under the Election Act and under this he has been disqualified for five years,” Kunwar Dilshad, the former election commission secretary, told Aaj News. “He has been declared guilty of corrupt practices.”

The former prime minister can neither become a member of Parliament nor hold any other post after the decision of the five-member bench of the ECP.

Before the decision, it was expected Imran would be disqualified under Article 62 1(f) (he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law; and) of the Constitution. If a lawmaker is disqualified under such a clause then the so his/her disqualification is for life.

Article 62 of the Constitution deals with the “qualification for membership of Parliament” while Article 63 deals with the “disqualification for membership of Parliament”.

And, the ECP has disqualified Imran under Article 63 1(p) (he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being inforce) of the Constitution.

Threat of three-year jail term

The ECP used the criminal clause while announcing its reserved verdict in the Toshakhana case under which the former premier former prime minister might be sentenced to three years in prison.

The reference was filed in the ECP under Article 63 of the Constitution. If a member of Parliament was disqualified on a reference under this clause, he/she ceases to be a lawmaker. According to clause 1(p) of the same article, if a person is disqualified under any law of Pakistan, he could not become a member of Parliament.

However, the ECP also used the Election Act 2017 for its decision and a clause concerned could be used for criminal proceedings. This is the point that could create major criminal problems for Imran.

Section 173 of the Election Act, 2017 pertained to making or publishing a false statement or declaration.

“A person is guilty of making or publishing a false statement or declaration if he makes or publishes a false statement or submits false or incorrect declaration in any material particular—

(a) concerning the personal character of a candidate or any of his relations calculated to adversely affect the election of such candidate or for the purpose of promoting or procuring the election of another candidate, unless he proves that he had reasonable grounds for believing and did believe, the statement to be true; or

(b) relating to the symbol of a candidate whether or not such symbol has been allocated to such candidate; or

(c) regarding the withdrawal of a candidate; or

(d) in respect of statement of assets and liabilities or any liability with regard to payment of loans, taxes, government dues and utility expenses,“ it said.

Former election commission secretary Kanwar Dilshad said: “The election commission has given the reference decision in the light of the records ordered from the State Bank of Pakistan. Under this Imran has been disqualified for five years and sadiq and ameen are no more. However, this is the civilian side of the matter. While from the criminal aspect, Imran can be jailed for three years.”