ECP fixes for hearing PTI intra-party election case

ISLAMABAD: The Election Commission of Pakistan (ECP) on Saturday fixed a hearing of the Pakistan Tehreek-e-Insaf (PTI) intra-party election case a day after the Supreme Court ruled in favour of the embattled party in the reserved seats case.

A five-member bench headed by the chief election commissioner (CEC) will hear the former ruling party's intra-party election case on July 23.

Prior to the development, the top electoral authority raised several queries over the "status" of the Imran-founded party after losing "its organisational structure on lapsing of 5 years" as the latter's response failed to satisfy the ECP in May.

The election watchdog had sent a two-page questionnaire was to the PTI after the former — which ruled the country from 2018 to 2022 — submitted documents related to its intra-party elections in a bid to address the former's objections.

The ECP questioned the current "status" of the PTI as a political party besides questioning why not to start the delisting process of the former ruling party's registration and imposing a fine for not holding timely intra-party elections.

The commission’s first question read that the "PTI did not hold intra-party elections within 5 years, in the departure of Section 208(1). Hence, it lost its organisational structure on lapsing of 5 years. What is the status of PTI now in this perspective, as a political party?"

It also questioned the legality of the party’s chief organiser and federal election commissioner appointed by its General Body, while the PTI's constitution defines appointments on the former position via its National Council on recommendations of the Chief Executive Committee (CEC).

According to the ECP, a political party would be registered in accordance with the old law under the Election Act if it submits certificates within a week after intra-party polls, besides complete records of elected office-bearers, poll data and results. Moreover, it also requires to submit relevant documents in 60 days under the Election Act.

The ECP questioned why not to commence the delisting process of the Imran-founded party for not submitting the documents as per the prescribed law.

The questionnaire also raised a query regarding the imposition of a fine on the PTI under the law which allows penalising a political party for failing to hold intra-party polls.

The commission asked the party's leadership to submit its response to the observations to proceed further in accordance with the law.

The PTI had filed the documents related to its intra-party polls to the ECP on March 4.

The documents, submitted by PTI's Federal Election Commissioner Raoof Hasan, included details of the newly-elected party office-bearers, a certificate of the party chief containing Form 65, names of the core committee members, and other relevant records.

The party, which elected Barrister Gohar Ali Khan and Omar Ayub as its chairman and secretary general on March 3, needs the relevant certificate to qualify for the allocation of its electoral symbol "bat" by the electoral body.

The PTI had responded to the objections raised by the Election Commission and insisted that it continued to be on the list of the electoral body as a political party.

The party’s federal chief election commissioner Raoof Hasan in his response had said the PTI was an existing, active and functioning political party enlisted with the ECP under Section 202 of the Elections Act, 2017.

“There is no provision in the Elections 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 internal party elections (IPE) are held within five years,” the response meant to address the ECP’s reservations said. 

After being kicked out of the election race following the Supreme Court's verdict upholding the ECP's decision wherein the electoral body had revoked its "bat" symbol citing unlawful intra-party polls, the PTI conducted fresh polls in March.

However, the recent intra-party polls had been once again challenged by PTI's founding member Akbar S Babar who had filed two separate pleas with the electoral body seeking annulment of the intra-party elections.

After losing its iconic symbol, the party associates had contested the February 8 general polls as independent candidates who won the most seats in the electoral event. In order to get reserved seats, the Imran-founded party’s successful candidates joined the Sunni Ittehad Council (SIC).

However, they were denied the reserved seats by the electoral body citing the party's failure to submit list for reserved seats for women and minorities in the given time. 

In a relevant development that took place on Friday, the Supreme Court declared the party eligible for the allocation of reserved seats overturning the PHC and the ECP ruling on the matter. 

The decision has not only paved the way for the PTI's return to the parliament, which was kicked out of the February 8 polls owing to the ECP's December 2023 ruling, but has also increased the pressure on the coalition alliance by changing the composition of the National Assembly.