Will Article 62(1)(f) appeal to Imran Khan?
Wednesday, August 03, 2022
The ECP has ruled that the PTI knowingly and willfully received illegal funds from several foreign companies and foreign nationals and withheld and concealed the party's annual financial information from the ECP.
For five consecutive years between 2008-2009 and 2012-13, the party's "grossly false and inaccurate" financial accounts were submitted with certificates signed by PTI Chairman Imran Khan himself, certifying that That: (a) funds from any source are not prohibited; Law was received by the party. and (b) the statements of accounts submitted by the party contained the correct financial position of the party.
The Political Parties Order, 2002 (PPO 2002) is the operative law behind the ECP's order in the nearly eight-year-old case of mismanagement and misappropriation of party funds and other illegalities in the PTI. Like the erstwhile Political Parties Act (PPA) 1962 and the current Elections Act, 2017, it prohibits foreign funding of political parties and prohibits foreign funding received by a party from “any government or political Any contribution, financial or otherwise, by the party” is defined as A foreign country, or any part of its funds from foreign nationals."
Clause 6 (3) of PPO 2002 further states that “directly or indirectly by any foreign government, multinational or locally incorporated public or private company, firm, trade or professional association. Any contribution shall be prohibited and the parties shall accept donations and donations only from individuals. Clause 6 (4) further states that any contribution or donation prohibited under this Order shall be forfeited in favor of the State.
Pursuant to Article 17 (3) of the Constitution which states that every political party shall account for its sources of funds in accordance with law, the PPO 2002 obliges every party to furnish its accounts with a certificate from the party leader. Submit the annual consolidated statement of Stating that the party has not received funds from any prohibited sources and this statement accurately reflects the financial condition of the party. The PPO 2002 also states that if a party is found to be receiving funding from foreign sources, the party will be dissolved and its membership will be disqualified.
Now that the ECP has declared that the PTI is receiving illegal funds from foreign companies and foreign nationals, it has withheld constitutionally and legally required financial information, and party chairman Imran Khan has consistently Has consistently lied and misrepresented this prohibited funding. Statement of party accounts to ECP, what does it mean for PTI?
Regarding the legally required seizure of funding from prohibited sources as a first action under Rule 6 of PPO 2002, the ECP has directed PTI to issue a notice to Explain your position on why illegal foreign funds should not be taken. To be confiscated in favor of the state.
On other aspects too, the legal procedure is clear: not only to dissolve the party, but also to disqualify party members for the remainder of their terms in Parliament and provincial assemblies, barring such disqualified members from contesting elections. , lapse of four (4) years from the date of his disqualification.
On other aspects too, the legal procedure is clear: not only to dissolve the party, but also to disqualify party members for the remainder of their terms in Parliament and provincial assemblies, barring such disqualified members from contesting elections. , lapse of four (4) years from the date of his disqualification.
Another important aspect raised by the ECP's order is whether Imran Khan's certified false statements submitted annually to the ECP as party chairman fall under Article 62(1)(f) of the Constitution. open for application, which is related to the rest of their righteous. And Amen” will it be the key petitioner in the PTI mismanagement and misappropriation of party funds case, Akbar S. Babar, who approaches the Supreme Court or one or a combination of parties seeking Imran Khan's life-time disqualification. to demand, as given by the party. Supreme Court to Nawaz Sharif? Although it remains to be seen, it can be safely summed up that the political crisis facing Pakistan after the ECP order is over. Hasn't happened.
He was a writer working in the field of politics, democratic governance, legislative development and love relay.
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