The PTI moved on Tuesday a reference before the Supreme Judicial Council (SJC) for the removal of Chief Election Commissioner (CEC) Sikandar Sultan Raja, more than two months after the party withdrew the same reference to add more evidence and highlight further legal aspects.

After the reference was filed, PTI Senator Ejaz Chaudhry told reporters that “I have paid my debt to the nation by filing the reference. The decision now rests with the Supreme Judicial Council”.

Alongside him, PTI leader Maleeka Bokhari alleged that the CEC had “persistently given decisions against the PTI”.

Senator Chaudhry added that they had also submitted an “audio recording of Prime Minister Shehbaz Sharif” — apparently a reference to purportedly a leaked clip of the premier in which the en masse resignations of PTI lawmakers from the National Assembly in April were discussed.

“How can a convict approve resignations?” the PTI senator questioned.

Initial reference

The PTI had initially filed a reference for the CEC’s removal on August 4 — a day after the Election Commission of Pakistan (ECP) ruled that the party had indeed been a recipient of prohibited funding — only to withdraw it the next day to add more evidence and highlight further legal aspects.

Moved through PTI leader Babar Awan, the reference pleaded with the SJC to order the removal of the CEC on account of the “commission of continuous and deliberate misconduct”.

The reference alleged that on July 29, a delegation of the Pakistan Democratic Movement (PDM) met the CEC and four other members of the ECP at his office to “pressure” him into announcing the verdict in the prohibited funding case.

It was a consequence of that meeting that the ECP decided to deliver the verdict on August 2, ruling that the PTI had taken prohibited funding.

Thus the CEC allegedly violated his oath, the reference argued.

It contended that the ECP’s decision was illegal, unlawful and coram non judice. The PTI would challenge the order in court, it added.

The reference further argued that the CEC had violated the ECP’s code of conduct and failed to fulfil his constitutional obligations.

The code of conduct for judges of the superior judiciary applied to the chief election commissioner as well, the PTI said, adding that a high court judge never discussed pending cases with any person or institution.

“The CEC must be removed from one of the most respectable and sacred constitutional posts,” the reference said.

Moreover, the reference said CEC Raja had dismissed many PTI applications in the prohibited funding case, including a request to conduct a joint hearing in the funding cases of PTI and other parties.

It said the Islamabad High Court had provided relief to the PTI, asking the ECP to extend equal treatment to all political parties and to hear their cases with due diligence and conclude these within a reasonable time.

Instead, the ECP announced a verdict in the PTI’s case only and kept the cases of other parties in abeyance, the reference said and described it as “absolute discrimination”.

The PTI further alleged that “the discriminatory attitude of the respondent has been noticeable time and again since 125 members of the National Assembly resigned their seats on April 9, which was accepted by former deputy speaker (acting as Speaker) Qasim Suri.

“Their resignations were published in the gazette on April 13 and sent to the ECP, but they were not denotified, whereas the current National Assembly Speaker, by doing an illegal and unconstitutional act, accepted the resignation of 11 members out of 125 and sent the reference to the CEC. He took no time to denotify them.”

The CEC had also been opposing the introduction of electronic voting machines so that the PTI’s opponents “are able to use unfair means during elections”, the reference further alleged.