LHC stops ECP from stripping Imran Khan of PTI chairmanship
LHC accepts Imran Khan's plea against ECP's notice seeking his removal as PTI chairman
January 05, 2023
- Imran Khan moved LHC against ECP's notice on Wednesday.
- Constitution has provision to disqualify lawmakers: ECP lawyer.
- LHC bars ECP from taking disciplinary action until next hearing.
The Lahore High Court (LHC) Thursday accepted Imran Khan's petition against the Election Commission of Pakistan's (ECP) decision to strip the former premier of Pakistan Tehreek-e-Insaf's (PTI) chairmanship after his disqualification in Toshakhana reference.
The PTI Chairman Imran Khan moved the LHC on Wednesday, challenging the ECP notice seeking to remove him as the party's chairman.
In the hearing, the ECP lawyer argued that the commission issued the notice based on the Speaker's reference, adding that "the constitution provides a provision to disqualify any assembly member".
Matters relating to disqualification are forwarded to the ECP, he added. The LHC accepted Imran Khan's request for a hearing and issued a notice, ordering the Election Commission to refrain from taking disciplinary action until the next hearing.
The electoral body had initiated the process to remove Khan as chairman of PTI last month, following his disqualification in the Toshakhana reference, by issuing a notice.
In his petition, Khan maintained that the ECP initiated the process for his removal as the party chair after his disqualification from the National Assembly's NA-95 seat.
The petition read that the ECP issued the notice over allegedly submitting a "false statement"; however, it cannot play the role of a tribunal.
"Calling Imran Khan incompetent is baseless and illegal and the notice was served to keep him away from politics," the petition read.
The former premier requested the court to set aside the ECP's notice while declaring and holding the assumption of jurisdiction and taking of cognisance by the electoral body for his removal as party chairman as envisaged by the said notice, "illegal, ultra vires (beyond) the powers of ECP, contrary to the Constitution, and of no legal effect".
