ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday reserved verdict on Pakistan Tehreek-i-Insaf’s plea for halting the hearing in the intra-party polls case until the Supreme Court’s clarification comes with regard to its majority judgement in the reserved seats case.
A three-member bench of the ECP, headed by Chief Election Commissioner Sikandar Sultan Raja, heard the case.
PTI Chairman Barrister Gohar Ali Khan, advocate Ayesha Khalid and advocate Uzair Bhandari appeared before the bench.
Barrister Gohar referred to the FIA’s raid at the PTI’s office and seizure of the party record. He said the FIA officials even took away the water dispenser. He, however, said that the record can be obtained from the FIA, if the ECP issues directions.
Lawyer contends ECP cannot decide on the validity of intra-party elections
Lawyer Bhandari argued that the ECP has sent a questionnaire and the first question is about the current status of PTI.
“The answer to this question has come in the Supreme Court’s short order in the reserved seats case,” he said.
He stressed that the detailed verdict of the top court should be awaited while the Election Commission has asked the Supreme Court for an explanation regarding the reserved seats.
To this, member of ECP from Khyber Pakhtunkhwa said, “We have not made any request to the Supreme Court regarding the PTI’s new intra-party elections; we have asked the Supreme Court that whose party certificates should be recognised until the intra-party elections are recognised”.
In response, Barrister Khan explained that he had issued certificates to the 39 members whom the ECP had recognised as PTI’s.
“We did not accept the certificates but acted on the Supreme Court order,” the ECP member contended. The lawyer emphasised that the Supreme Court verdict is before the Election Commission, and the ECP cannot decide on the validity of the intra-party elections.
To this, member of ECP from
Sindh inquired ‘what do you want now’ and the lawyer replied that they want the Election Commission not to hear the case till the clarification or detailed decision of the Supreme Court regarding the reserved seats is announced.
The PTI also challenged the ECP’s jurisdiction over intra-party elections, as its lawyer, Mr Bhandari, said that scrutiny of intra-party elections does not fall in the jurisdiction of the ECP, saying the electoral watchdog can only see whether the intra-party elections were held or not.
He said the commission should first decide its jurisdiction.
DG Law said the Supreme Court in its short order had said that party certificates of only 41 independent members should be submitted, the Supreme Court has not mentioned any specific party, as an independent member can join any political party.
The ECP has asked the Supreme Court to clarify whose certificate should be accepted for joining the PTI, concerning 41 members.
The ECP, later djourned the hearing of the case till September 18, reserving its verdict on the request of PTI to keep the case pending till the clarification comes from the top court in its detailed verdict.
Speaking to reporters after the hearing of the case, Barrister Khan said they had submitted documents with the ECP on March 8 after the third intra-party elections, but till date they have not received the certificate.
He said the PTI is a political party and people are with the ideology of founder of PTI Imran Khan.
“We don’t need any symbol. We will make a clean sweep by participating fully in the local government elections of Islamabad, whereas the government is trying to postpone these elections,” he said.
Published in Dawn, August 28th, 2024
