ECP rejects PTI pleas in intra-party polls case

ISLAMABAD: The Election Commission of Pakistan (ECP) has rejected fresh applications filed by the PTI in a case regarding its intra-party polls.
The PTI, through four applications, had called into question the ECP’s jurisdiction to look into its internal elections.
The party had asked the ECP to issue directives for the Federal Investigation Agency (FIA) to return the record taken away during a raid at the party’s secretariat and sought adjournment of the intra-party elections case till a detailed judgement is issued by the Supreme Court in the reserved seats case, and receipt of the SC guidelines sought by the ECP to implement the verdict.
The 10-page ECP order authored by its Sindh member Nisar Ahmed Durrani, a copy of which is available with Dawn, rejected all the four pleas, asserting that the commission had the powers to regulate the intra-party polls.
The order stated that Section 208 (1) of the Elections Act 2017 mandates that a political party registered with the ECP must periodically elect its office-bearers at the federal, provincial, and local levels in accordance with the party’s constitution.
The order questioned who would verify that the intra-party election was conducted in accordance with the party’s constitution, and whether the certificate under Section 209(3) of the Elections Act could be issued without confirming the facts, specifically whether the party’s election adhered to Section 208 of the Elections Act and the party’s constitution, and whether the information in the certificate is accurate.
“We are of the considered view that Election Commission of Pakistan, before whom the documents were submitted by the party, is duty bound to verify that mandatory requirements of Section 208 of the Elections Act, 2017 have been fulfilled by the party, prior to publication of certificate under Section 209 (3) of the Elections Act, 2017,” it read.
The order pointed out that PTI’s own members have filed certain complaints in the ECP objecting to the party’s election conducted on March 3, 2024, on various grounds. According to the complaints, it said, nomination forms and voter list had not been provided, nomination papers rejected and ideological and founding members restricted to contest the election, and majority of the voters had been deprived of their right to franchise.
“In such circumstances, Election Commission of Pakistan is fully empowered and duty bound under Sections 208, 209, 202 (2) and 215 of the Elections Act of 2017 to look into the matter, whether a political party has conducted its intra-party election as per law and party constitution or otherwise,” said the order.
In view of the above discussion “…. the argument of learned counsel for the respondent with regard to jurisdiction of ECP in the matter in hand, does not bear any weight, which is hereby turned down”, it read.
About the directives sought for the FIA to return files, computers, hard drives, etc., the ECP asked the PTI to approach the competent court of law having jurisdiction over the matter, if it so desires.
About the plea seeking to stay the proceedings of intra-party election matter till the announcement of a detailed judgement by the Supreme Court in the reserved seats case, the order said the PTI had already delayed the matter and violated sub-section 1 of section 208 and section 209 of the Elections Act.
“In such view of the matter, we are of the view that it would not be in the fitness of things to further delay the matter as prayed for by the respondents. Hence their request is turned down and as such applications are hereby dismissed,” said the order.
The case will now come up for arguments on Sept 18.
Published in Dawn, September 7th, 2024