ECP condones Imran over delay in giving by-poll expenses details

ISLAMABAD: The Election Commission of Pakistan (ECP) Thursday notified PTI Chairman Imran Khan as a returned candidate from a record seven NA constituencies in line with its order issued earlier in the day, accepting his application for condoning the delay in submission of by-poll expense details.

The notification of his success has been issued on NA-22, Mardan-III, NA-24, Charsadda-II, NA-31, Peshawar-V, NA-45, Kurram-I, NA-108, Faisalabad-VIII, NA-118, Nankana Sahib-II and NA-239, Korangi, Karachi-I.

It was quite surprising to many when the daughter of PTI Vice-Chairman Shah Mehmood Qureshi, Mehar Bano Qureshi, was defeated by Ali Moosa Gilani, who is the son of ex-PM Yusuf Raza Gilani from NA-157 (Multan), whereas Imran had lost to Abdul Hakeem Baloch of PPP in Malir.

The electoral body had taken notice of Imran’s failure to submit the poll expense details within the stipulated time and withheld the victory notifications. However, now the notification has been issued on the heels of Imran’s intention to break his own record by contesting by-poll on 33 National Assembly seats, out of the 35 that fell vacant after the recent acceptance of resignations by the NA Speaker.

Earlier, the three-member bench, headed by Chief Election Commissioner Sikandar Sultan Raja, through the order, directed for issuance of notification on all the seven NA constituencies, from where PTI Chairman Imran Khan had returned as a candidate in the by-poll late last year, taking a lenient view and condoning the delay in submission of poll expenses details.

By-poll in NA-22, NA-24, NA-31, NA-108, NA-118 and NA-239 were held on October 16 last year and in NA-45 on October 30. These seats were vacated after the NA speaker accepted the resignations of nine PTI MNAs, who had tendered resignations en masse as per the party policy.

“Therefore the commission by taking lenient view accepts the applications for ‘condonation’ coupled with the verbal request of the counsel of the respondent candidate and the grounds mentioned in the written reply, condones the delay and directs that notification of the returned candidate may be issued from all the constituencies from which he has emerged as returned candidate as he has submitted the return of election expenses from all the constituencies and the application filed by Mr. Ali Gohar is hereby dismissed as withdrawn,” the ECP bench said in the verdict.

The order says under Section 98(3) of the Elections Act, 2017, it is mandatory for every returned candidate to submit his election expenses within ten days from the date of poll. However, the respondent has not submitted his returns of election expenses within the period of ten days, as provided under the law.

In all the above-mentioned constituencies, amongst seven constituencies, initially, the respondent submitted his poll expenses for the NA-24 on October 28, 2022. The returning officers of remaining six constituencies issued notices to the respondent in terms of Section 136 of the act for non-submission of returns of poll expenses. “Return of election expenses could not be filed by the respondent on or before October 28 because he was in Lahore in relation to the party affairs, including long march. On 03.11. 2022, he got injured in an attack at Wazirabad and was hospitalised for several days and he is still confined to bed rest,” the order says and that on receipt of the returns of election expenses, the commission shall publish in the official Gazette the names of returned candidates: Provided that the name of a candidate shall not be published who fails to submit the return of election expenses as required by sub-section (3) of section 24.

The order, however, acknowledged that the right to contest election was a fundamental right in terms of Article 17(2) of the Constitution and apex court judgments. It points out that PTI chief will have to resign from all but one seat within a month after declaration of the result.

In the last hearing, Imran’s counsel, Ali Gohar, had informed the ECP that the respondent had submitted the details along with vouchers. He also argued that the delay in filing of return of election expenses was not intentional as the respondent got busy with the party affairs and was bedridden due to injuries he received in an armed attack during long march. He had pleaded for condoning the delay. The order says that Special Secretary, ECP, Zafar Iqbal Hussain, said that the respondent has not submitted his return of election expenses within the stipulated time without any sufficient cause. He also elaborated Section 98 of the Elections Act, 2017, under which the returned candidates are bound to submit his return of election expenses within 10 days of poll date. He further stated that there was no reason for delay in submission of return of election expenses and he objected that the applications for condonation of delay have not been submitted by the respondent himself, therefore, the notification as a returned candidate may not be issued till the final disposal of the case and a complaint under Section 137 of the Elections Act, 2017 may be filed against the respondent.

Whereas, Additional Director General (law), ECP had contended that the commission has the power to disqualify a candidate under Section 232 of the Elections Act, 2017, if he violates Section 137 of the Act.