PHC stops ECP from deciding notice over PTI elections
PESHAWAR: The Peshawar High Court on Friday stopped the Election Commission of Pakistan from deciding its notice to the Pakistan Tehreek-i-Insaf’s chief election commissioner over a case against intra-party elections.
A bench consisting of Justice Shakeel Ahmad and Justice Mohammad Faheem Wali directed the ECP to continue with its proceedings on the notice but not to announce the verdict.
It directed the PTI’s CEC to attend the ECP’s Dec 18 meeting on the notice, which warned if he didn’t show up, the matter would be decided in light of the available records.
The bench issued directions during the hearing into a PTI’s application filed for the main petition on the matter seeking it to declare illegal the delay by the ECP to post the certificate of the PTI’s elections on its website as required under Section 209 of the Elections Act, 2017.
Directs party’s CEC to attend commission’s Dec 18 meeting on matter
The main petition, too, sought orders for the ECP to issue that certificate immediately.
On Dec 11, the high court stopped the ECP from issuing the final order on a petition against the PTI’s polls on Dec 2, 2023.
During Friday’s hearing, the two-member bench ordered the fixing of the application for hearing along with the main petition on Dec 19.
The ECP has issued a notice to PTI CEC Niazullah Khan Niazi on Dec 12 saying that prima facie, the PTI didn’t hold intra-party election in accordance with the law and its Constitution.
It added that according to Rule 158 of the Elections Rules, 2017, it should, after satisfying itself that the certificate of intra-party elections fulfilled the requirement of sections 208 and 209 of the Elections Act, publish the certificate including details of the election in the official gazette.
“The ECP is of the view that the requirement of intra-party election cannot be notified unless it fulfills the requirement of the party constitution, Election Act 2017 and Rules framed thereunder,” the notice read asking Mr Niazi to appear before the commission on Dec 18.
It warned if the PTI’s CEC didn’t comply with its order, the matter would be decided in light of the available records.
The main petition was filed by PTI vice-presidents for Khyber Pakhtunkhwa, including Mohammad Zahir Shah and Anwar Taj.
In Friday’s hearing, PTI chairman Barrister Gohar Ali, Qazi Mohammad Anwar, Shah Faisal Uthmankhel, Syed Sikandar Hayat Shah, Naumanul Haq Kakakhel and other lawyers appeared for petitioners.
The PTI chairman told the bench that Akbar S Babar, who had challenged the intra-party polls, was neither a member of the party nor had anything to do with it.
He added that the PTI’s polls were held under its Constitution, while their results were announced on Dec 2.
Mr Gohar said all required documents were sent to the ECP and they included the certificate of the intra-party elections as required under section 209 of the Elections Act, but a letter was sent to the party by the commission seeking certain clarifications on Dec 7.
He added that those clarifications were submitted by the party to the commission but no notification of the PTI intra-party polls was issued.
The PTI chairman said as for the main petition, the court directed the ECP on Dec 11 to proceed with applications against the PTI’s polls but no final order should be passed.
He argued that after the PHC’s order, the ECP initiated a second case on its own in the subject matter relating to “issuance of certificate” under section 209 of the Elections Act and issued the notice to the PTI’s CEC, which was fixed for hearing on Dec 18.
Mr Gohar contended that the ECP didn’t have jurisdiction to hear any objection or examine the validity of intra-party elections under the Elections Act, so any notices issued and proceedings undertaken by it in that respect were illegal and void.
He requested the bench to stop the ECP from passing any “adverse order” against the PTI over that notice until the final disposal of the main petition.
The PTI chairman contended that the party had serious reservations about the ECP’s conduct towards it and feared that the notice would lead to the issuance of an adverse order against it.
He later told reporters that the PTI had conducted the “most transparent” intra-party polls compared to other political parties.
Mr Gohar claimed that the recent surveys revealed that the PTI was popular among more than 70 per cent voters in the country.
He said the party had long been campaigning for the holding of general elections within 90 days of the dissolution of assemblies.
Published in Dawn, December 16th, 2023