LAHORE - A petition was filed in the LHC on Wednesday challenging the election of new PM Imran Khan on the ground that every member of the national assembly was constitutionally bound to exercise their right to vote but 69 voters did nothing.

Advocate Sheikh Zaid Mahmood, a local lawyer, moved the petition through senior lawyer AK Dogar saying that it was mandatory under 91 (4) of the Constitution that every member of the national assembly must cast his vote to the person nominated for the election of PM but practically the situation was different.

The petitioner said two parliamentary parties consisting of 69 members remained sitting in the national assembly but abstained from voting, failed to perform their function of participating in the establishment of the federal government—a constitutional duty.  The chosen representatives of the people cannot abstain from casting the votes, he said.  The petitioner also made PPP and Jamat-i-Islami as respondents in the petition, saying that neither they voted “yes” nor they said “no” which is constitutionally not allowed.

He asked the court to declare that every member of the national assembly must exercise their constitutional duty to elect the leader of the house and chief executive of the state. He further asked the court to declare that Imran Khan, the incumbent prime minister, was elected unconstitutionally due to absence of the votes of the total membership of the national assembly.