ISLAMABAD: The High court is set to pick up the petition of Tehreek-e-Insaaf today challenging the Election Commission’s decision to disqualify Chairman PTI Imran Khan in Toshakhana reference. Chief Justice High Court Justice Athar Minullah will hear the case related to disqualification.
It may be recalled that the Election Commission of Pakistan (ECP) on Friday had claimed to have unanimously issued the much-awaited verdict in the Toshakhana reference filed against former prime minister Imran Khan, and disqualified him, declaring his Mianwali NA-95 seat as vacant.
Imran Khan, it may be added here, was disqualified by the ECP only for the present term, from the seat he won in 2018 vacated after April 9 regime change this year, and he could again become Member of National Assembly by participating in next general elections.
In his petition, Chairman PTI Imran Khan prayed to the Islamabad High Court to annul disqualification decision. PTI’s request to conduct the hearing on Friday was turned down by the IHC, and the case was fixed for Monday (today).
Also read: ECP disqualifies Imran Khan in Toshakhana reference
(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 dated 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.
