ISLAMABAD: The Election Commission of Pakistan (ECP) has delisted the PTI intra-party election case due to non-availability of the bench.

“It is circulated for the information of general public and the litigants that the following cases fixed for hearing before the honourable Election Commission of Pakistan on 30.05.24 have been delisted due to non-availability of the bench and the next date of hearing will be announced later,” the ECP said in a notice placed on its website.

The notice includes three cases, with “non-conduct of intra-party elections of Pakistan Tehreek-i-Insaf” on the top. PTI Chairman Barrister Gohar Ali Khan and Raoof Hassan, who acted as party’s chief federal election commissioner, were put on notice for Thursday’s hearing.

The PTI held intra-party elections on June 9, 2022, which were voided by the ECP in November 2023 after dragging the case for around one-and-a-half year.

Non-availability of bench cited as reason behind the move

In its order passed on November 23, 2023, the ECP gave the former ruling party 20 days to go for fresh election if it did not want to lose its electoral symbol — bat.

The order of the ECP came at a time when general elections were about two months away and political parties were ratcheting up their election campaigns across the country.

Anxious to retain its iconic poll symbol, the PTI took less than 10 days and held intra-party elections on Dec 2, 2023.

On Dec 22, the ECP voided for the second time in less than a month the PTI’s internal elections following a first-of-its-kind microscopic examination of the inner workings of a political party and declared it ineligible to obtain an election symbol to contest the upcoming general elections.

The ECP held that the PTI secretary general could not have appointed a federal election commissioner to hold intra-party elections.

Because of the ECP decision, the PTI candidates had to contest general elections as independents and the party had to hold its IPE for the third time on March 3 this year.

The ECP once again raised objections over the electoral exercise and took up the matter for hearing even without sharing details of the objections.

On PTI’s objections, the ECP finally shared a questionnaire with the PTI, seeking information about the party’s intra-party elections and questioning the party’s status after ‘losing organisational structure and election symbol’.

The PTI some two weeks ago had submitted a detailed response to seven questions asked by the ECP, urging the election body to officially recognise the latest intra-party elections. The party’s federal chief election commissioner, Raoof Hasan, in his reply said the PTI was an existing, active and functioning political party enlisted with the ECP under Section 202 of the Election Act, 2017.

“There is no provision in the Election Act, 2017, or in the Election Rules, 2017, that an enlisted party would lose its ‘organisational structure’ after the expiry of five years if no lPE are held within five years”, the response meant to address ECP’s reservations said. It however said the PTI held its IPE on June 9, 2022, but the ECP directed on Nov 23, 2023, that IPE had to be held under PTI’s ‘prevalent constitution’ (2019 Constitution).

And for holding these elections a meeting of the PTI’s general body, comprising all members of PTI in Pakistan, was convened on Jan 31. The requisite approval was obtained from the general body, whereby FEC was also appointed to hold IPE as early as possible. Then the ECP was informed by PTI on Feb 21 of all the steps taken for holding the IPE in light of the approvals of the general body.

It said the ECP affirmed on March 2 those steps and directed the party to proceed and hold IPE in accordance with PTI’s constitution. The IPE was accordingly held on March 3 and documents filed with the ECP. Hence, the PTI is an enlisted political party till date and as such it continues to exercise its rights under the relevant provisions of law, including Article 17 of the Constitution, Elections Act, 2017, and Election Rules, 2017, the PTI said.

Published in Dawn, May 31st, 2024