Pakistan
PTI intra-party election: Decision reserved on plea to keep case pending
Member KP said that they recognised certificates of 39 members following Supreme Court order
Islamabad: The Election Commission of Pakistan (ECP) reserved its decision on the request of Pakistan Tehreek-e-Insaf (PTI) to keep the case in abeyance until the clarification of the Supreme Court in the intra-party election case.
During the hearing of the PTI intra-party election case, Barrister Gohar Ali Khan, Advocate Ayesha Khalid, and Uzair Bhandari appeared before the ECP on behalf of PTI.
Lawyer PTI Uzair Bhandari said that the Federal Investigation Agency (FIA) raided and seized all our records, we have filed four applications, but we do not have original documents and electronic records.
Barrister Gohar stated that you have seen the video, they also took our water dispenser. If the ECP orders, the record can be obtained from the FIA.
Lawyer Uzair argued that the ECP had sent a questionnaire, the first question was regarding the current status of PTI, which has been answered in the short order of the Supreme Court related to the reserved seats. If we wait for the detailed decision of the Supreme Court, it will be clarified. The ECP has asked the Supreme Court for an explanation regarding the reserved seats. In this application, the Election Commission said that PTI has no administrative structure, which we deny.
On this, the Member Commission of Khyber Pakhtunkhwa said: “We have not made any request in the Supreme Court regarding the new intra-party elections of PTI, we have asked the Supreme Court whose party certificates should be recognised until the intra-party elections are recognised”.
Barrister Gohar replied that he also issued certificates to the 39 members whom they recognized as PTI. Member KP said that they did not recognise their certificates because of his signature, but following the order of the Supreme Court.
On this, the lawyer said that the decision of the Supreme Court is before the ECP. It cannot decide whether the intra-party elections of a political party are valid or not.
On this, Member Commission Sindh inquired what they want now. The lawyer replied that they want the ECP not to hear the case till the clarification or detailed decision of the Supreme Court regarding the reserved seats.
Later, PTI challenged the Election Commission's jurisdiction over intra-party elections.
Lawyer Uzair Bhandari stated that the scrutiny of intra-party elections does not come under the jurisdiction of the ECP. It can only see whether the intra-party elections were held or not. The ECP should decide the jurisdiction first.
On this, Director General (DG) Law said that the Supreme Court in its short order had stated that party certificates of only 41 independent members should be submitted. The Supreme Court had not mentioned any specific party. An independent member can join any political party. The Commission has sought clarification from the Supreme Court as to whose certificate should be accepted for joining the PTI of 41 members.
Later, the ECP adjourned the hearing of the case till September 18, reserving its decision on the requests of PTI to keep the case pending till the clarification of the jurisdiction and the Supreme Court.