January 19, 2023
ISLAMABAD: The Election Commission of Pakistan (ECP) on Thursday ruled to declare PTI Chairman Imran Khan as the winning candidate from all the constituencies he won during October by-elections.
A three-member bench of the Election Commission, headed by Chief Election Commissioner (CEC) Sikander Sultan Raja, announced the verdict today it had reserved last month.
The ECP had taken notice of the PTI chief’s failure to submit the details of election expenses within the stipulated time.
The PTI chief had contested by-polls on six seats — NA-22, NA-24, NA-31, NA-108, NA-118, and NA-239 — on October 16 while the by-election on NA-45 was held on October 30.
The verdict stated that Imran Khan had submitted the required details to the electoral body after which it decided to notify him as the winning candidate on all the seven National Assembly seats.
According to the election laws, “Every returned candidate shall, within five days from the date of the election, submit return of election expenses in accordance with the provision of section 29.”
“On receipt of the returns of the election under sub-section (3) of section 24, the Commission shall publish in the official Gazette the names of the returned candidates: Provided that the name of a candidate shall not be published who fails to submit the return of election expenses as required by sub-section (3) of section 24."
In the last hearing, Khan’s counsel, Gohar Baloch, informed the ECP that the respondent had submitted the details along with vouchers.
He also argued that the delay in filing of return of election expenses was not intentional as the respondent got busy with the party affairs and was bedridden due to injuries he received in an armed attack.
The ECP order stated that applicants Shaukat Ali, Ijaz Ahmed Shah and Arshad Zaman Bangash also appeared in person on behalf of the respondent and submitted that the respondent was not able to provide details within time due to injuries and he is still on bed rest, therefore, any delay may be condoned keeping in view the medical situation of the respondent.
“The Commission by taking a lenient view accepts the applicants for condonation coupled with the verbal request of the Counsel of the respondent candidate and the rounds mentioned in the written reply, condones the delay and direct that notification of the returned candidate may be issued from all the constituencies from which he has emerged as [a] returned candidate as he has submitted the return of election expenses from all the constituencies and the application filed by Mr Ali Gohar Baloch is hereby dismissed as withdrawn,” the written order released by the ECP, a copy of which is available with The New.com, read.
The by-polls were conducted on nine NA seats that fell vacant after the National Assembly speaker accepted the resignations of PTI MNAs, who had tendered resignations en masse as per party policy.