ISLAMABAD: The Election Commission of Pakistan (ECP) on Thursday announced its verdict on the presidency of the PML-Q, declaring Chaudhry Shujaat Hussain as the party head and rejecting as illegal the amendments introduced to the PML-Q constitution.

After joining hands with the Pakistan Tehreek-i-Insaf, Chaudhry Parvez Elahi and some of his associates approached the ECP to remove Mr Hussain as the PML-Q President, but the commission rejected the request.

In February, former chief minister Chaudhry Parvez Elahi formally joined the PTI, along with 10 former party lawmakers.

Mr Elahi made the announcement at a press conference along with PTI leader Fawad Chaudhry.

Chaudhry Wajahat Hussain’s plea rejected

In January, the ECP restored Chaudhry Shujaat Hussain as the president of the PML-Q on his petition amid an ongoing tussle with his cousin Chaudhry Parvez Elahi over the position.

The commission declared the dismissal of Mr Hussain contradictory to the party’s constitution. The ECP’s judgment was challenged in the Lahore High Court, which remanded the case back to ECP, with directions that documents submitted by Chaudhry Wajahat with it be examined in accordance with the law.

The ECP, in its detailed order, said it received Authority letter dated 26.01.2023, signed by Chau­dhry Wajahat Hussain, acting as PML President and authorising Mr Asim Cheema to sign Form-65 (int­ra-party elections allegedly held on 26.01.2023) and another Auth­ority letter submitting an amendment made to PML constitution.

It said that both documents were received prior to the decision dated 31.01.2023, in the matter of Chaudhry Shujaat Hussain, who had invoked the jurisdiction of the Commission under Section 8 read with Section 208(4), further read with Rule 197, of the Elections Act, 2017, and Election Rules, 2017, by impugning the proceedings of the CEC initiated for his removal from the position of party head.

It said that the letter signed by Chaudhry Wajahat Hussain, acting as the PML-Q President and authorising Mr Asim Cheema to sign Form-65 (intra-party elections) was not in accordance with relevant provisions of the Elections Act, 2017, as well as the constitution of the PML-Q.

The letter in question when perused on touchstone of section 209 (3), makes it abundantly clear that only those certificates which are in accordance with sections 208 & 209, are required to be published in the official Gazette as stipulated in Rule 158(2) which provides that the “Commission shall, after satisfying itself that the certificate fulfills the requirements of sections 208 and 209, publish the certificate including the details of election in the official Gazette”.

As per record, Chaudhry Shujaat Hussain was/is the validly elected President of the PML-Q and only he was empowered in terms of section 209(1) to authorise an office-bearer to submit certificate (Form-65) in the Commission.

It said the other authority letter in question whereby certain amendments to PML-Q constitution, allegedly made by PML-Q Council and conveyed to the Commission, had no valid authorisation of the party.

“Since the status of Ch. Wajahat Hussain was of a stranger and not party head of the PML, the documents submitted on his behalf were liable to rejection instead of return,” it said.

There is another aspect of this case based on an Affidavit of Mr Muhammad Ishtiaq Gohar, who was nominated by the petitioner as Chairman of Provincial Election Commission, Punjab, to conduct intra-party elections on 26.01.2023, who in his affidavit stated on oath that election schedule and other resolutions for conduct of intra-party elections on 26.01.2023, were all prepared by some other person and were fake and he had been asked to declare Mr Elahi as un-opposed President of PML-Q.

He in his affidavit further mentioned that the result of intra-party elections submitted in the ECP were not declared by him nor signed by him as chairman of the Provincial Election Commission and his signatures were forged.

“Therefore, the amendment in PML constitution was not required to be maintained in record in terms of section 201(3) of the Act. With the above observations, the matter stands disposed of,” the ECP order said.

Published in Dawn, May 5th, 2023