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Thursday, February 15, 2024

CEC raises question on Imran Khan’s victory in by-elections

CEC questioning Imran Khan's historic victory in the by-elections did not sit well with PTI leader Asad Umar who immediately hit back. 

In a major development, the Chief Election Commissioner (CEC), Sikandar Sultan Raja, has questioned PTI Chairman and former Prime Minister Imran Khan’s victory in the recent by-elections.

According to the details, a 3-member bench headed by CEC Sikandar Sultan Raja heard the case of violation of Imran Khan’s election code of conduct in the by-election in Charsadda. To clarify, Imran Khan is accused of using government resources when he did not use any government resources.

On this occasion, the CEC said that where is it written in the constitution that a person is a member of the National Assembly, and then how a member of the National Assembly can contest the election? The CEC also demanded from Imran Khan’s legal counsel the 150 resignations that the former premier had claimed.

Read more: Imran’s response unsatisfactory—ECP

At this, Imran Khan’s lawyer said brought 150 resignations here and ECP is accepting them now. Imran Khan’s lawyer Barrister Gohar also said the Secretary National Assembly has not sent the rest of the resignation to ECP yet.

Needless to say, CEC questioning Imran Khan’s historic victory in the by-elections did not sit well with PTI leader Asad Umar who immediately hit back.

“The Election Commission has raised a question about Imran Khan winning the election. It seems that they wake up every morning and think about how to prove today that they are also a political party,” Asad Umar said.

“Chief Election Commissioner wants to know where in the constitution it says that an MNA can contest another NA seat. He needs to read article 223 of the constitution, which clearly envisages such a situation. This notwithstanding the fact that Imran Khan has already resigned,” Asad Umar further added.

What does Article 223 say about electoral laws and conduct?

According to clause 1 of Article 223, no person shall, at the same time, be a member of; a. both Houses; or b. a House and a Provincial Assembly; or c. the Assemblies of two or more Provinces; or d. a House or a Provincial Assembly in respect of more than one seat.

Clause 2 states, “Nothing in clause (1) shall prevent a person from being a candidate for two or more seats at the same time, whether in the same body or in different bodies, but if he is elected to more than one seat he shall, within a period of thirty days after the declaration of the result for the last such seat, resign all but one of his seats, and if he does not so resign, all the seats to which he has been elected shall become vacant at the expiration of the said period of thirty days except the seat to which he has been elected last or, if he has been elected to more than one seat on the same day, the seat for election to which his nomination was filed last.”

Read more: PTI is given one final chance by ECP to answer in the funding case

Explanation:- In this clause, “body” means either House or a Provincial Assembly.

3. A person to whom clause (2) applies shall not take a seat in either House or the Provincial Assembly to which he has been elected until he has resigned all but one of his seats.

4. Subject to clause (2), if a member of either House or of a Provincial Assembly becomes a candidate for a second seat which, in accordance with clause (1), he may not hold concurrently with his first seat, then his first seat shall become vacant as soon as he is elected to the second seat.