IHC rejects plea to immediately suspend IK’s disqualification order

Bars ECP from conducting by-election on Mianwali seat: Reserves verdict on appeal against Imran’s disqualification in Toshakhana reference: Seeks reply from ECP on Nov 10

By: 24 News
Published: 10:18 AM, 31 Oct, 2022
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The Islamabad High Court (IHC) Monday reserved the judgement on the appeal against Imran Khan’s disqualification in the Toshakhana reference and prevented the election commission from conducting by-election on the seat of Mianwali from which Imran was de-seated by the ECP, reported 24NewsHD TV channel.

On the occasion, Barrister Ali Zafar pleaded with the court to suspend the decision of Imran Khan’s disqualification.

However, Justice Aamer Farooq said: “We are not suspending the decision of the election commission. We are barring the by-election.”

The court sought reply from the election commission on Nov 10. 

Earlier, the IHC heard the appeal against the disqualification of Imran Khan by the election commission in the Toshakhana reference.

Justice Aamer Farooq heard the appeal of Imran Khan.

Barrister Ali Zafar and Ali Gohar appeared before the court on behalf of Imran Khan.

The court approved the miscellaneous petition of Imran Khan to make the documents part of record.

“The election commission has de-seated the petitioner,” Barrister Ali Zafar argued before the court.

“From which seat was the petitioner de-seated?” the court inquired.

“The petitioner was de-seated from constituency NA-95, Mianwali,” Barrister Ali Zafar told the court.

“Did this reference come from the National Assembly speaker under 63/2?” the court inquired further.

“The reference came from the National Assembly speaker and the election commission disqualified the petitioner under Article 63(P),” Barrister Ali Zafar told the court.

“Can the National Assembly speaker de-seat a member if he finds out that the member has been convicted. Was this reference made by the speaker himself or did someone submit a request? Did he say in the reference that you are no longer Sadiq and Amin, and therefore we are sending the reference?” the court inquired further.

“The election commission did not consider Sadiq and Amin. The election commission said we can disqualify anyone under the Election Act,” Barrister Ali Zafar argued contended before the court.

The court inquired whether the returns were submitted by all the members of the National Assembly annually.

To which Barrister Ali Zafar replied that the members of the national and provincial assemblies and those of the Senate had to submit returns every year.

“If someone has sold something, it does not need to be submitted or disclosed. In case of non-submission of returns, the membership of the assembly is suspended,” he added.

Reporter: Rozina Ali