The Islamabad High Court (IHC) on Monday stopped the Election Commission of Pakistan (ECP) from holding by-elections NA-95 Mianwali-I \u2014 the seat which was declared vacant by the electoral body following Imran Khan\u2019s disqualification in the Toshakhana reference.
\nThe orders were issued by IHC\u2019s Justice Aamer Farooq on a petition filed by the PTI chief challenging the ECP\u2019s disqualification order.
\nAt the outset of the hearing, the judge asked Imran Khan’s counsel whether he had submitted any request to provide additional documents.
\nAt this, Khan\u2019s counsel Barrister Ali Zafar told the court that he had submitted a request to add ECP\u2019s notification. He added that his client was de-seated from the Mianwali seat after he was disqualified.
\n\u201cWas this reference submitted by the speaker?\u201d asked Justice Farooq. To which, Zafar responded in the affirmative.
\nWhile arguing about the case, the legal counsel told the court that once the speaker sends a reference to the ECP it has to submit its findings regarding the case. He added that the constitutional body has to do so within 90 days.
\nZafar also informed the court that each lawmaker has to submit their asset details by June 30. If something is sold, then the proceeds have to be disclosed as well, said the lawyer.
\n\u201cIf any member assembly does not tell these details, his membership is suspended. If the return is not submitted within 120 days or if the information is given wrongly, then the member can be considered being involved in corrupt practices,\u201d said Zafar.
\nThe lawyer contended that there was no penalty or disqualification for misdeclaration but a person can be imprisoned for up to three years and be fined.
\n\u201cThe law says that the crime of misdeclaration will be held in the trial session court, which can be punished,\u201d said Zafar. He also added that the ECP in the case plays the role of the complainant.
\n\u201cECP has exceeded its authority by passing the decision of disqualification. Currently, there is no justification for disqualification, it is possible only after the trial,\u201d said Zafar.
\nThe lawyer also urged the court to suspend ECP\u2019s decision disqualifying Imran Khan.
\nHowever, Justice Farooq turned down the request and issued orders to stop the by-election in Mianwali. The court also issued notices to the ECP against Imran Khan’s disqualification.
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