ISLAMABAD   -     The Islamabad High Court 
(IHC) Monday rejected the 
request of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan to suspend 
the decision of the Election 
Commission of Pakistan 
(ECP) regarding his disqualification. However, the court 
stopped the by-polls on a 
seat of NA-95 (Mianwali) 
which fell vacant after disqualification of Imran Khan 
in Toshakhana reference.
Justice Aamer Farooq of 
IHC heard the case filed by 
PTI chief and disposed his 
petition challenging the 
verdict of Election Commission of Pakistan (ECP) in 
Toshakhana case. At the outset of hearing, Justice Aamer 
Farooq inquired that if the 
petitioner had submitted an 
application to file some extra 
documents. Imran’s lawyer 
Barrister Ali Zafar said that 
they had requested the permission for submission of 
ECP’s notification regarding 
de-seating of his client. 
The court questioned that 
whether this reference was 
sent by the National Assembly Speaker. To this point, Ali 
Zafar answered in yes and 
said that the ECP had given 
its findings on the reference. 
The lawyer said that every 
member of the Parliament 
was bound to submit the assets details to the ECP on 
June 30. Non submission of 
details within 120 days or 
submitting wrong information would be declared as 
corrupt practice, he said.
He said that the punishment for submitting the false 
statement or information was 
three year imprisonment sentence with fine. There was no 
punishment of disqualification as per law, he added. The 
lawyer prayed the court to 
suspend the decision of ECP 
regarding the disqualification 
of Imran Khan. Justice Farooq 
remarked that the court was 
not suspending the decision 
of ECP, however, it was stopping the by-polls in Mianwali 
constituency. The court also 
served notices to respondents including ECP in the 
case and sought comments. It 
may be mentioned here that 
the ECP had disqualified Imran Khan for not declaring the 
information with regard to 
Toshakhana gifts. After hearing the arguments, the IHC 
bench issued notices to the 
Secretary ECP, Speaker National Assembly and others. 
It added, “Meanwhile, the 
Election Commission of Pakistan is restrained from announcing the election schedule of NA-95 Mianwali-I.” 
Through the instant petition, 
the petitioner assailed the order dated 21.10.2022 passed 
by respondent No.1 (ECP) 
whereby the petitioner has 
been disqualified under Article 63 (1) (p) of the Constitution read with sections 137, 
167 and 173 of the Election 
Act, 2017 from the constituency of NA-95, Mianwali-1. 
During the hearing, Khan’s 
counsel contended that the 
ECP transgressed its jurisdiction. In this regard, He also 
contended that originally 
the reference was made under Article 62 (1) (f) of the 
Constitution, however, while 
answering the question referred to it, the same was 
treated as one under Article 
63 of the Constitution.
He submitted that Article 
63 (1) (p) of the Constitution 
has been invoked which provides for disqualification of a 
Member of National Assembly for the time being under 
any law (in the instant case 
sections 137, 167 and 173 of 
the Elections Act, 2017)