ISLAMABAD - Pakistan Tehreek-e-Insaf chief Imran Khan on Monday challenged Election Act, 2017 in the Supreme Court, contending that its section 203 is in direct conflict with various provisions of the constitution.

The PTI chief has cited the federation, through Law and Justice secretary, and the Election Commission of Pakistan as respondents.

The petitioner has prayed the apex court to declare section 9, 10 and 203 of the Election Act non-est and ultra vires of the constitution.

He sought to declare unconstitutional the repeal of Political Parties Order, 2002 and the conduct of General Election Order 2002 through Election Act, 2017.

Imran Khan further contended that section 241 of Election Act was also ultra vires of the constitution of Electoral Rolls Act, 1974 and the conduct of the General Elections Order 2002.

He said that the amendments in Election Act, 2017 were made without any debate on the floor of the Parliament, in utmost and unholy haste. A number of amendments made in the Election Act were untenable as being ultra vires of the constitution, he held.

The PTI has contended that the disqualification under Article 62 and 63 of the constitution can neither be overtaken by a sub-constitutional law nor a person who cannot become a parliamentarian can head a political party and nominate parliamentarians or office-bearer of the party.

Khan said that a number of provisions of the Election Act, 2017, were unconstitutional, in violation of the parliamentary norms and rules, and were based on mala fide intentions, hence untenable. He stated that the repeal of Political Parties Order, 2002 through the Election Act, 2017 blatantly violates a settled principle of law.

“The impugned Election Act, 2017 has practically reduced the principle of ‘Sadiq’ and ‘Ameen to a naught. The repeal of Political Parties Order, 2002, the Conduct of General Election Order 2002 and the Electoral Rolls Act, 1974 through Election Act is violative of Article 260(3) of the Constitution. This act of the authorities further offends article 227 of the constitution, the petitioner said.

The section 10 of the Election Act, 2017 is violative of article 204 and article 175 of the constitution as the ECP is a regulator in terms of article 218(3) of constitution and cannot be termed a court without a constitutional amendment, keeping Article 175 in view, he said.

“Many constitutional provisions such as articles 62 and 63 of the constitution stand amended through sub-constitutional legislative instrument through the enactment of Election Act, 2017,” the petitioner has argued.