The Election Commission of Pakistan (ECP) on Monday initiated the process to remove Imran Khan as the leader of the Pakistani Tehreek-i-Insaaf (PTI) party. It follows the Commission’s recent decision to disqualify Khan from holding public office and contesting elections for making “false and incorrect declarations” in the Toshakhana case.
An ECP official has given a notice to the former Prime Minister (PM) on the matter, which will be heard on 13 December.
While PTI officials have confirmed the development, they argue that the law does not prevent convicts from being office bearers of a political party. To this end, PTI General Secretary Asad Umar wrote a letter to Chief Election Commissioner Sikandar Sultan Raja to question the “illegal move” and challenge its legitimacy. He added that the decision was motivated by “personal agenda.”
Attempts to remove #ImranKhan from his party's top slot will intensify political confrontation & make the #ECP even more controversial. Pakistan is on the brink of default & political mess is further being aggravated.
— Amir Zia (@AmirZia1) December 6, 2022
Pakistan’s legal position on whether disqualified individuals can be office-bearers of political parties has gone back and forth. According to the now-repealed Political Parties Order, 2002, an individual who has been disqualified under the Constitution from being elected to the National Assembly cannot be an office bearer in a political party. However, this provision was excluded from the Elections Act 2017.
That being said, the Supreme Court clarified in February 2018 that individuals who are constitutionally disqualified cannot lead political parties, which was used to force Nawaz Sharif to step down as the chief of the Pakistan Muslim League – Nawaz (PML-N) party. While declaring the judgement, Justice Ijazul Ahsan stressed that a disqualified member could not lead qualified members as if the party’s leadership is polluted, then the entire party will suffer.
The ECP disqualified Khan from being a Member of National Assembly for the Mianwali seat in October. The court highlighted the incorrect statements the former PM had made regarding his assets and liabilities in 2022-2021 in the Toshakhanacase. To this end, he has been barred from standing for elections or holding public office for five years.
The Toshakhana case arose after Khan’s ouster on 10 April. The new cabinet, led by PM Shehbaz Sharif, sought permission to release evidence to prove that Khan had sold $750,000 worth of state gifts, including a wristwatch from Saudi Crown Prince Mohammed bin Salman.
Additionally, government spokesperson Marriyum Aurangzeb claimed that Khan had sold a necklace, ring, gold Kalashnikov, and a jeep for a combined total of $1 million, despite depositing just $100,000 for them in the Toshakhana.
How could Mohammad Shafiq, owner of Art of Time buy Imran Khan's Graff set for 51 million rs in 2019 when his net sales from 2018-22 are 12 million and his highest ever bank balance is 5 million?
— Hamza Azhar Salam (@HamzaAzhrSalam) December 7, 2022
Imran Khan is being investigated for submitting fake documents in the Toshakhana. pic.twitter.com/RnOz8uvRo5
Pakistan laws say that public officials must deposit state gifts to the Toshakhana.
Khan is also facing charges in the Lahore High Court for his removal as PTI chief under the Representation of the People Act, 1976, after he was disqualified from being the representative of the NA-95 constituency. The petition argues that it is “just” for him to step down.
The Islamabad High Court will also hear the PTI’s appeal against the ECP’s disqualification on 8 December.
In a parallel development, the Pakistani Supreme Court on Tuesday allowed the ECP to proceed with its contempt proceedings against PTI leaders Imran Khan, Fawad Chaudhry, and Asad Umar.
Reversing the Lahore High Court’s decision, the judge criticised the lower court for curbing the functions of a constitutional authority and vowed to take punitive action once the ECP’s proceedings are completed.
To this end, the judges directed the High Courts to expeditiously dispose of the contempt pleas. However, the Supreme Court has emphasised that the ECP can only take disciplinary action after the conclusion of the contempt proceedings.