ISLAMABAD: Former prime minister Imran Khan has challenged the Election Commission of Pakistan’s decision to disqualify him in the Toshakhana case in the Islamabad High Court.

The petition, which was filed by his lawyer Ali Zafar on Saturday, urged the court to declare the ECP’s decision “null and void”. The party has also requested the court to conduct the proceedings of the case today (Saturday).

The Election Commission of Pakistan barred PTI chief Imran from holding the public office on Friday under Article 63(1)(p) for making “false statements and incorrect declaration” pertaining to the gifts he received as the prime minister.

Article 63 (1) (p) of the Constitution states that an individual 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 in force.

Imran Khan was accused of misdeclaration of assets, including non-disclosure of receipts from the sale of gifts he received from foreign dignitaries.

As a result of the verdict, Imran’s seat in the National Assembly will be vacated. The six seats on which he won the by-election will also be up for grabs. Imran will also face criminal proceedings over the misdeclaration.

Petition

The PTI in the petition, a copy of which is available with Aaj News, urged the IHC to “(a) declare, find and hold that the Impugned Order dt 21-10-2022 is against the settled principles of law on Art.63 of the Constitution, misconceived and set it aside, inter alia, on the basis of facts and grounds as urged hereinabove;

(b) Declare find and hold that ECP could not have exercised the jurisdiction to decide any questions of ‘corrupt practice or disqualification’ under $137 read with $232 of the Election Act and further read with Rule.137 of Election Rules, 2017;

(c) Declare that the Reference itself is incompetent, illegal, unlawful and without lawful authority, mala-fide and devoid of force and in the circumstance of the instant case declare it as null and void in the interest of justice;

(d) In the meanwhile, this Court may kindly be pleased to suspend the operation of the Impugned Order dt.21-10-2022 and restrain further proceeding by ECP or its behest till final disposal of the titled petition.

(e) Any other relief as deemed just and appropriate may also be granted in favor of the petitioner.“