Legal AffairsImran Khan Disqualified by the Election Commission of Pakistan

Imran Khan Disqualified by the Election Commission of Pakistan

Imran Khan a former prime minister of Pakistan Disqualify by the Election Commission of Pakistan on Friday 21 October and would be barred from running for five years and disqualified. This decision is anticipated to escalate political tensions in the nation.

Imran Khan was disqualified, according to the ECP’s Sikandar Sultan Raja, who read out the recommendation, for engaging in “corrupt conduct.”

Khan had “made false statements” on the disclosure of the sale of gifts supplied to him by the leaders of Saudi Arabia and Dubai while in office, according to the panel, which is a violation of the law in the nation.

The most recent choice was made months after Khan was dismissed by the parliament after a no-confidence vote.

Imran’s Pakistan Tehreek-e-Insaf (PTI) achieved a resounding victory on October 16 in byelections for eight seats in the National Assembly and three seats in the Punjab provincial assembly, winning six National Assembly seats and two Punjab assembly seats.

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Disqualification Ground:

Imran has been found guilty by the ECP of profiting from selling the many presents he got from heads of state or other dignitaries while serving as prime minister, to put it briefly. It is referred to as the “Toshakhana” controversy and has been a major issue in Pakistan. So, Imran khan is disqualified.

It should be recalled that at the beginning of August, National Assembly Speaker Raja Pervaiz Ashraf issued a referral to the Election Commission requesting that Imran Khan be disqualified due to the Toshakhana scandal.
According to the citation, Imran Khan failed to disclose the gifts he received from Toshakhana and the proceeds from their sale while listing his assets.
In an informal media interview earlier in April, the former prime minister mentioned those mentioned above and added that it was up to him to maintain them.

what is ToshaKhana?

The Toshakhana is a department that was established in 1974 with the goal of safeguarding all the priceless presents that were presented to national leaders, other high-ranking Pakistani officials, MPs, etc., by foreign heads of state or government and other guests.

The Toshakhana guidelines require all high-ranking Pakistani officials to record any gifts and other favors they receive. Imran’s administration, which took office in 2018, disregarded these regulations. According to it, doing so would endanger Pakistan’s ties with other nations. So, Imran Khan is disqualified.

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what is article 63 (p):

Disqualifications for Majlis-e-Shoora (Parliament) membership are outlined in Article 63 of the constitution.

A person is “currently disqualified from being elected or selected as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly by any legislation now in effect,” according to subclause 1P of the article.

According to the legislation, the ban is only temporary in nature.

The decision of Imran Khan case According to Article 63:

As a result, according to the decision, Imran was disqualified to run for office under Article 63(1)(p) of the Constitution as read with certain parts of the Elections Act. A person is “for the time being, disqualified from being elected or selected as a member of the Majlis-e-Shoora (Parliament) or of a provincial assembly under any legislation for the time being in effect,” according to Article 63(1)(p) of the Pakistani Constitution.

The remedy available to Imran Khan:

The petition can be filed In the High Court against the decision of the election commission.

The complete wording of the judgment is still pending, according to reports in the media on Friday afternoon. Imran’s party’s spokespeople and attorneys said that as soon as the whole judgment was released, they will file a petition with the High Court in Islamabad.

A by-election will be called to fill Imran’s seat, nevertheless, as a result of his disqualification. The disqualification was supposed to endure until the conclusion of the National Assembly’s term, which was widely anticipated.

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