ISLAMABAD: On Monday, the Islamabad High Court (IHC) barred the Election Commission of Pakistan (ECP) from holding by-elections for NA-95 Mianwali-I, the seat that was declared vacant by the electoral body as a result of Imran Khan’s disqualification in the Toshakhana reference.
On a petition submitted by the PTI leader disputing the ECP’s disqualification order, Justice Aamer Farooq of the IHC issued the directives.The court began the hearing by asking Imran Khan’s attorney if he had submitted any requests for the production of further papers.
At this point, Khan’s attorney Barrister Ali Zafar informed the court that he had made a motion to include the notification from the ECP. He continued by saying that after being disqualified, his client was removed from the Mianwali seat.Was this source submitted by the speaker, Justice Farooq inquired? Zafar replied “yes” to your question.
The legal representative argued before the court throughout the case that after the speaker submits a referral to the ECP, it is required to report its conclusions on the matter. The constitutional body must comply within 90 days, he stressed.
Additionally, Zafar notified the court that by June 30th, all lawmakers must submit information about their assets. The sale proceeds must also be stated if something is sold.The attorney argued that although misdeclaration is neither punishable or disqualifying, it is punishable by up to three years in prison and a fine.
According to the law, misdeclaration crimes are punishable by fines and will be heard in trial session courts, according to Zafar. He further mentioned that in this instance, the ECP serves as the complaint.
The ECP went over its authority when it issued the disqualifying decision. Disqualification is not yet warranted; it will only be feasible following a trial, according to Zafar.