SC registrar returns Imran’s petition against Election Act

ISLAMABAD –  The Supreme Court registrar on Friday returned Pakistan Tehreek-e-Insaf Chairman Imran Khan’s petition wherein he had challenged Election Act, 2017.

On November 6, the PTI chief filed the petition under Article 184(3) of the Constitution, stating Section 203 of the act was contrary to various constitutional provisions.

The registrar office returned the petition with the objection that Khan had not availed himself of any other forum before filing the petition in the apex court.

Imran had prayed to the apex court to declare sections 9, 10 and 203 of Election Act, 2017, non-est and ultra vires of the Constitution. He had contended that the repeal of Political Parties Order, 2002, and Conduct of General Elections Order, 2002, through Election Act, 2017, was ultra vires of the Constitution.

He had also prayed to the court to declare Section 241 of Election Act, 2017, against the Constitution, Electoral Rolls Act, 1974 (Act No XXXIV of 1974) and the Conduct of General Elections Order, 2002.

The PTI chief had stated that the amendments to Election Act, 2017, were made without any debate on the floor of the house in utmost haste. The amendments made in the Election Act were untenable, being ultra vires of the Constitution, he had stated.

He had said articles 62 and 63 of the Constitution can neither be revoked by a sub-constitutional law nor can a disqualified person become a parliamentarian, head of a political party and its office bearer.

Imran had contended that a number of provisions of Election Act, 2017, were unconstitutional, based on mala fide intention and enacted in violation of the parliamentary norms and rules. He had further argued Political Parties Order, 2002, cannot be repealed through Election Act, 2017, directly or indirectly.

“The impugned election act has practically reduced the principle of ‘Sadiq’ and ‘Ameen to a naught. The repeal of Political Parties Order, 2002, the Conduct of General Elections Order, 2002, and Electoral Rolls Act, 1974, through Election Act, 2017, is violation of Article 260(3) of the Constitution,” he had contended.

“Section 10 of Election Act, 2017, is violative of articles 204 and 175 of the Constitution as the ECP is a regulator in terms of Article 218(3) of the Constitution and cannot be termed a court without a constitutional amendment, keeping in view Article 175,” he had stated in the petition.


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