Intra-Party Polls Case
ISLAMABAD: The Election Commission of Pakistan (ECP) has reserved its decision on Pakistan Tehreek-i-Insaf’s (PTI) request to halt the ongoing hearing related to the party’s intra-party polls case.
PTI sought this suspension pending a clarification from the Supreme Court regarding its majority judgment in the reserved seats case.
The case was heard by a three-member bench of the ECP, presided over by Chief Election Commissioner Sikandar Sultan Raja. Representing PTI, Barrister Gohar Ali Khan, along with advocates Ayesha Khalid and Uzair Bhandari, appeared before the bench to present their arguments.
During the proceedings, Barrister Gohar brought attention to a recent raid by the Federal Investigation Agency (FIA) at the PTI office, during which party records were seized.
He highlighted that even minor items, such as a water dispenser, were confiscated. Despite this, he assured that the necessary records could be retrieved from the FIA if the ECP were to issue directives for their release.
The central argument put forth by PTI’s legal team was that the ECP does not have the authority to determine the validity of the party’s intra-party elections. Advocate Bhandari pointed out that the ECP had previously sent a questionnaire to PTI, with the first question focusing on the current status of the party.
Bhandari argued that the answer to this question had already been addressed in the Supreme Court’s short order in the reserved seats case. He emphasized that the ECP should refrain from proceeding with the case until the Supreme Court issues a detailed verdict on the matter, clarifying the legal position.
Responding to these arguments, a member of the ECP from Khyber Pakhtunkhwa clarified that the commission had not sought guidance from the Supreme Court regarding PTI’s new intra-party elections.
Instead, the ECP had asked for clarification on which party certificates should be recognized until the validity of the intra-party elections is confirmed. Barrister Khan clarified that he had issued certificates to the 39 members that the ECP had previously recognized as PTI’s, following the Supreme Court’s orders.
Another ECP member from Sindh questioned PTI’s legal counsel on their current demands. The lawyer reiterated that PTI wanted the ECP to suspend the case until the Supreme Court provides a detailed decision on the reserved seats issue.
PTI also challenged the ECP’s jurisdiction over intra-party elections. Advocate Bhandari contended that the scrutiny of intra-party elections does not fall within the ECP’s remit.
According to him, the ECP’s role is limited to verifying whether such elections were held, not their validity. He urged the commission to first resolve the question of its jurisdiction before proceeding further.
The Director General of Law for the ECP referenced the Supreme Court’s short order, which instructed that party certificates of 41 independent members should be submitted. The order did not specify any particular party, leaving room for interpretation, as independent members have the freedom to join any political party.
In light of these discussions, the ECP decided to adjourn the case until September 18, reserving its judgment on PTI’s request to suspend the case until the Supreme Court issues its detailed verdict.
Following the hearing, Barrister Khan spoke to reporters, stating that PTI had submitted the required documents to the ECP on March 8 after the third intra-party elections, but had yet to receive a certificate from the commission.
He expressed confidence in PTI’s political strength, noting that the party remains popular among the public, who support the ideology of PTI’s founder, Imran Khan. Khan also declared that PTI is prepared to fully participate in the upcoming local government elections in Islamabad, despite the government’s alleged attempts to delay these elections.
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