LAHORE:The Lahore High Court (LHC) on Monday issued notices to the Election Commission of Pakistan (ECP) and others for November 11 on a petition challenging Section 137 (4) of the Election Act, 2017, under which PTI’s chairman Imran Khan was disqualified in Toshakhana case.
The court also sought legal assistance from advocate general Punjab and attorney general for Pakistan.
Justice Sajid Mehmood Sethi passed the orders on a petition filed by a voter of NA-95 constituency, Muhammad Jabir Abbas Khan.
A federal law officer raised an objection on maintainability of the petition, saying that the petitioner was not an aggrieved person.
To which, the petitioner’s counsel argued that the petitioner challenged the vires of the act, adding that any person could do it.
The petitioner’s counsel Muhammad Azhar Siddique argued before the court that the ECP was an administrative body but not a court. He submitted that the commission disqualified the former premier under Section 137 (4) of the Election Act, 2017. He further submitted that only a complaint could be filed if any offence was proved against the former premier.
He submitted that the section was a violation of Article 10 of the constitution, adding that it did not empower the commission to disqualify an elected member of the National Assembly. He submitted that a member could be disqualified under Article 62 and only the courts could disqualify him.
He pleaded with the court to declare Section 137 (4) of the Election Act, 2017 as ultra-vires the Constitution with further contention that the concerned authorities, especially the ECP, be restrained from taking any action or proceedings in this matter.
Subsequently, the court issued notices to the defendants for November 11 and sought reply to the petition.