SC upholds ECP plea, deprives PTI of ‘bat’ symbol

[Kianig89]

Q.F.E takes over from N. S and A.M as the most hated and corrupt man in Pakistan

 

[Bewal Express]

Q.F.E takes over from N. S and A.M as the most hated and corrupt man in Pakistan

I always thought he would never be as bad as my worst fears but he is actually worse. He has banned the most popular party that 80% of PKs wanted to vote for. Such pathetic man sitting on such an important seat.

 

[Cricket Warrior]

I always thought he would never be as bad as my worst fears but he is actually worse. He has banned the most popular party that 80% of PKs wanted to vote for. Such pathetic man sitting on such an important seat.

It clearly indicates that this whole drama is going on to make their masters happy but I am sure that this sort of government won't last for long.

 

[Bewal Express]

It clearly indicates that this whole drama is going on to make their masters happy but I am sure that this sort of government won't last for long.

I am not so sure. They have decided that they can never be out office and they have to die in office. There is is no way Munir, NS,AZ and Nani, and establishment can ever leave office because they will be lynched. There is no half way house anymore and they have backed themselves into a corner which means them or PK people but it can't be both.

 

[BouncerGuy]

PTI's legal hopes dim

ISLAMABAD: The legal team of Pakistan Tehreek-e-Insaf (PTI), wrestling with legal setbacks, has abandoned its contempt petition to signal its wanning optimism in finding an ally in Chief Justice of Pakistan (CJP) Qazi Faez Isa for relief amid current political scenario.

The party's legal journey has witnessed a tense relationship with CJP Isa since September 17 last year. Despite its efforts, including a social media campaign, the PTI has struggled to sway CJP Isa's stance on seeking relief in political matters.

The CJP has also refrained from entertaining a letter from PTI founding chairman Imran Khan, urging notice regarding alleged harassment of party supporters. Similarly, Aitzaz Ahsan's petition, addressing the alleged enforced disappearance of PTI leaders, faced its own decline, adding to the party's legal woes.

The recent move by the Supreme Court, under CJP Isa's leadership, to reinstate the Election Commission of Pakistan's (ECP) decision, declaring PTI's intra-party elections unconstitutional, has dealt another blow.

Consequently, PTI finds itself stripped of its election symbol for the upcoming elections.

However, PTI appears poised for a countermove. Sources suggest that the party is gearing up to challenge the top court’s order, with a review petition in the works. However, senior PTI lawyer confirmed that the filing won't happen immediately,
Some legal experts find themselves perplexed by the party's seemingly contradictory stance. While PTI openly expresses mistrust in CJP Isa, its legal team prepares for a review petition—scheduled to appear before the same bench led by CJP Isa.

The scenario is not the first of its kind, as several political parties in the past have expressed mistrust in the top adjudicators. CJP Isa wouldn’t go down as the only chief justice to earn mistrust.

Notably, the Pakistan People's Party (PPP) voiced mistrust against former CJP Iftikhar Muhammad Chaudhry during his tenure. Former premier Yousuf Raza Gilani, similarly, refrained from filing an intra-court appeal against his contempt case conviction.

Pakistan Muslim League-Nawaz (PML-N) joined the ranks by expressing mistrust in ex-CJP Mian Saqib Nisar. The party opted not to challenge Nisar's judgment, which resulted in Nawaz Sharif's disqualification as the party head.

The PML-N’s decision stemmed from the belief that seeking relief from ex-CJP Saqib Nisar might prove futile.

Both PML-N and PPP also expressed no confidence in the three-judge bench led by ex-CJP Umar Ata Bandial. The development occurred when the ruling on former deputy speaker Punjab Assembly Dost Mazari's case was contested, leading the parties to request the formation of a full court.

A PTI leader says that one faction had held a soft corner for CJP Isa. However, the decision to deny the election symbol has come as an embarrassment for this section of the party.

Notably, Hamid Khan stood by CJP Isa during PTI-led government's filing of a presidential reference against him.

Meanwhile, superior bar associations have maintained silence on the Supreme Court's order.

Press conferences scheduled for today may provide insights, with the Independent Lawyers group expected to voice consistent support for CJP Isa.

However, it is unlikely that representatives of the superior bars will raise objections on the judgement.
​

PTI's legal hopes dim | The Express Tribune

Despite efforts, party has struggled to sway CJP Isa's stance on seeking relief in political matters

tribune.com.pk

 

[adi_62941]

The COD cant be signed unless they have an amnesty and the criminals bring back their money and put it in the national treasury and ask for forgiveness. The chances of that happening is as about as likely as an Alien riding a unicorn in Piccadilly circus on the 32nd of December

Nobody in an important government office in Pakistan is an angel. Corruption issues related to political parties are nothing more than a hoax. If you were to discover the corruption perpetrated by the military in the last 75 years, you would never again question the corruption of politicians. The magnitude of the volume is so immense and significant.

Agreed.

Establishment has to go back to barracks. They have eaten and destroyed Pakistan in 75 years. They don’t let any government work for the betterment of the country. They are constantly interfering and pulling strings behind scenes. All they do is make videos and blackmail judges and politicians. These people promote corrupt politicians so they are easy to control. All they do is chop and change governments every few years and hence the constant instability and chaos. And the latest wants to bring in billions of dollars from Arabs amid ongoing circus. Nobody will give a dime unless they are know the country is stable and they can pull off profits.

I believe the last free and fair elections were held in 2013. Despite Imran Khan's best efforts, supported even by the Ex-military officials, he failed to win more than 25 National Assembly seats. This can be attributed to the effective governance of the Punjab government during 2008-2013, which made them the automatic winners of the General Elections, despite Khan's numerous power shows and political stunts.

During the period from 2013 to 2018, despite several scandals, the PML-N government managed to steer Pakistan away from the economic brink and put the country on a more stable footing. However, the Bajwa Doctrine combined with wild plans by ex-military dajjals disrupted many political and economic decisions that were aimed at the betterment of Pakistan and its citizens formulated by PMLN during their tenure. Instead, they pursued political experiments and engaged in revenge politics against politicians in an effort to regain control over Pakistan.

Unfortunately, there doesn't seem to be much hope for the near future, and things may become even tougher for our beloved citizens in Pakistan.

 

[adi_62941]

PTI's legal hopes dim

ISLAMABAD: The legal team of Pakistan Tehreek-e-Insaf (PTI), wrestling with legal setbacks, has abandoned its contempt petition to signal its wanning optimism in finding an ally in Chief Justice of Pakistan (CJP) Qazi Faez Isa for relief amid current political scenario.

The party's legal journey has witnessed a tense relationship with CJP Isa since September 17 last year. Despite its efforts, including a social media campaign, the PTI has struggled to sway CJP Isa's stance on seeking relief in political matters.

The CJP has also refrained from entertaining a letter from PTI founding chairman Imran Khan, urging notice regarding alleged harassment of party supporters. Similarly, Aitzaz Ahsan's petition, addressing the alleged enforced disappearance of PTI leaders, faced its own decline, adding to the party's legal woes.

The recent move by the Supreme Court, under CJP Isa's leadership, to reinstate the Election Commission of Pakistan's (ECP) decision, declaring PTI's intra-party elections unconstitutional, has dealt another blow.

Consequently, PTI finds itself stripped of its election symbol for the upcoming elections.

However, PTI appears poised for a countermove. Sources suggest that the party is gearing up to challenge the top court’s order, with a review petition in the works. However, senior PTI lawyer confirmed that the filing won't happen immediately,
Some legal experts find themselves perplexed by the party's seemingly contradictory stance. While PTI openly expresses mistrust in CJP Isa, its legal team prepares for a review petition—scheduled to appear before the same bench led by CJP Isa.

The scenario is not the first of its kind, as several political parties in the past have expressed mistrust in the top adjudicators. CJP Isa wouldn’t go down as the only chief justice to earn mistrust.

Notably, the Pakistan People's Party (PPP) voiced mistrust against former CJP Iftikhar Muhammad Chaudhry during his tenure. Former premier Yousuf Raza Gilani, similarly, refrained from filing an intra-court appeal against his contempt case conviction.

Pakistan Muslim League-Nawaz (PML-N) joined the ranks by expressing mistrust in ex-CJP Mian Saqib Nisar. The party opted not to challenge Nisar's judgment, which resulted in Nawaz Sharif's disqualification as the party head.

The PML-N’s decision stemmed from the belief that seeking relief from ex-CJP Saqib Nisar might prove futile.

Both PML-N and PPP also expressed no confidence in the three-judge bench led by ex-CJP Umar Ata Bandial. The development occurred when the ruling on former deputy speaker Punjab Assembly Dost Mazari's case was contested, leading the parties to request the formation of a full court.

A PTI leader says that one faction had held a soft corner for CJP Isa. However, the decision to deny the election symbol has come as an embarrassment for this section of the party.

Notably, Hamid Khan stood by CJP Isa during PTI-led government's filing of a presidential reference against him.

Meanwhile, superior bar associations have maintained silence on the Supreme Court's order.

Press conferences scheduled for today may provide insights, with the Independent Lawyers group expected to voice consistent support for CJP Isa.

However, it is unlikely that representatives of the superior bars will raise objections on the judgement.
​

PTI's legal hopes dim | The Express Tribune

Despite efforts, party has struggled to sway CJP Isa's stance on seeking relief in political matters

tribune.com.pk

A similar ruling was indeed given by Saqib Nisar in 2018 when he disqualified Nawaz Sharif (NS) and rendered all his party decisions null and void, leading to PML nominees running in the Senate election independently. The strategies and procedures employed in by establishment are not new; they have been used in various forms throughout the country's political history.

The current situation has drawn more attention due to the incarceration of Imran Khan, the leader of Pakistan at the time. It's important to note that many top politicians in Pakistan's history have faced similar allegations and hardships, often being labeled as "chor" (thieves), "corrupt," or "deal makers." This reflects the complex and contentious nature of politics in the country.

Abhi aur bhi hai ishq ke imtehan.......

​

 

[Extra_Cover]

The judicial murder of democracy has opened a pandora box.

It is now very likely that independents will make up the biggest number in the National Assembly. This means that independents will have the luxury to decide the next PM of the country which now leaves every idiot vying for the top spot be it Nawaz, Bilawal, Shahbaz, Tareen or any other ****-up like Kakar.

The biggest embarrassment will be for our judiciary and especially Supreme Court.

Qazi Faiz Isa along with 2 other judges will be remembered infamously for this verdict. For every controversial verdict in the future the bar will be this verdict. Qazi will eventually move on and retire but this judgement will stay forever which means his name is tarnished forever. Respect is everything when it comes to judiciary and with one stroke of pen respect is the biggest causality today.

 

[Bewal Express]

The judicial murder of democracy has opened a pandora box.

It is now very likely that independents will make up the biggest number in the National Assembly. This means that independents will have the luxury to decide the next PM of the country which now leaves every idiot vying for the top spot be it Nawaz, Bilawal, Shahbaz, Tareen or any other suck-up like Kakar.

The biggest embarrassment will be for our judiciary and especially Supreme Court.

Qazi Faiz Isa along with 2 other judges will be remembered infamously for this verdict. For every controversial verdict in the future the bar will be this verdict. Qazi will eventually move on and retire but this judgement will stay forever which means his name is tarnished forever. Respect is everything when it comes to judiciary and with one stroke of pen respect is the biggest causality today.

We knew Qazi was crook and his humiliation is thoroughly deserved and the fact that @Mamoon and @Major told us he would be anti establishment man was total rubbish and left them looking like total tools. The guy was caught red handed and got blackmailed, and took the deal. The deal will never be forgotten. NS will become PM but Qazi will live with a blackened face.

 

[CricketCartoons]

The judicial murder of democracy has opened a pandora box.

It is now very likely that independents will make up the biggest number in the National Assembly. This means that independents will have the luxury to decide the next PM of the country which now leaves every idiot vying for the top spot be it Nawaz, Bilawal, Shahbaz, Tareen or any other suck-up like Kakar.

The biggest embarrassment will be for our judiciary and especially Supreme Court.

Qazi Faiz Isa along with 2 other judges will be remembered infamously for this verdict. For every controversial verdict in the future the bar will be this verdict. Qazi will eventually move on and retire but this judgement will stay forever which means his name is tarnished forever. Respect is everything when it comes to judiciary and with one stroke of pen respect is the biggest causality today.

More independents means more democracy. Democracy going granular. Otherwise when most of the seats are restricted to 2-3 parties, they all have to follow party whip and sing in unison according to party high command.

But strange to see people still thinking democracy as some kind of silver bullet. Pakistan doesn't need democracy, it needs proper rule of Islam, for which it was created.

 

[Extra_Cover]

More independents means more democracy. Democracy going granular. Otherwise when most of the seats are restricted to 2-3 parties, they all have to follow party whip and sing in unison according to party high command.

But strange to see people still thinking democracy as some kind of silver bullet. Pakistan doesn't need democracy, it needs proper rule of Islam, for which it was created.

More independents means more men in Parliament available to sell their rights to the highest bidder. In Pakistan political law if an individual is not part of any party / alliance then that individual can sway or vote for in any capacity they like. In Pakistan these "individuals" will be getting their votes on the day on the back of Imran's PTI blessing. Yet eventually we would see them jump ships because we as a nation or individuals don't have the backbone to sustain pressure and on flip side the oppressors don't have any shred of shame, accountability or remorse to ease on oppression in other words Pharaoh vs Bani Israel (read it up).

As far as Islam is concerned (I could be wrong in here) but it was the first religion that properly introduced democracy post the death of PBUH. It unfortunate we deviate from our religion and guidance.

 

[Extra_Cover]

We knew Qazi was crook and his humiliation is thoroughly deserved and the fact that @Mamoon and @Major told us he would be anti establishment man was total rubbish and left them looking like total tools. The guy was caught red handed and got blackmailed, and took the deal. The deal will never be forgotten. NS will become PM but Qazi will live with a blackened face.

The thing is this decision is universally frowned upon from all sects of society be that liberals, social media, journalists or any other branch as it vehemently took away the voting rights (this is a fundamental right in our constitution) from over 10 million people with a stroke of pen. Let alone this decision is being criticised internationally as well so all 3 of the Judges will face international boycott for forums, interviews, alumni events too.

I don't think they understand the consequences of this for example someone like Justice Musarrat Hilali got promoted to Supreme Court very recently and is likely to be a Justice for quite a few years now. She will be reminded and remembered in future years in light of this judgement. She would have to live her rest of professional and personal life in the shadow of this decision.

 

[Bewal Express]

The thing is this decision is universally frowned upon from all sects of society be that liberals, social media, journalists or any other branch as it vehemently took away the voting rights (this is a fundamental right in our constitution) from over 10 million people with a stroke of pen. Let alone this decision is being criticised internationally as well so all 3 of the Judges will face international boycott for forums, interviews, alumni events too.

I don't think they understand the consequences of this for example someone like Justice Musarrat Hilali got promoted to Supreme Court very recently and is likely to be a Justice for quite a few years now. She will be reminded and remembered in future years in light of this judgement. She would have to live her rest of professional and personal life in the shadow of this decision.

And all the humiliation is thoroughly deserved. Qazi and the team will never be able to face the public. And just like SS and his burka, they need to start shopping

 

[The Bald Eagle]

We are not responsible for PTI losing 'bat': Shehbaz​

Pakistan Muslim League (PML-N) President Shehbaz Sharif reiterated on Wednesday that his party saved the country from bankruptcy and brought economic stability.

"If asked in the court of Allah, I would say that Pakistan was saved from bankruptcy."

Shehbaz maintained that the survival of the state was the priority and not politics or remaining in power, expressing no regret in that outcome.

Furthermore, the PML-N president underlined the strenuous efforts made by the PML-N, stating, "Working day and night for 16 months, we saved Pakistan from bankruptcy."

Shahbaz mentioned the impact of the "storm of inflation" and the broken IMF agreement, attributing these challenges to the hindrance created by former CJP Saqib Nisar.

Discussing the broader consequences, he acknowledged the damage to diplomatic relations and the creation of divisions. He acknowledged that the healing of these divisions would take time. "These divisions will not be overcome in a year or two; we will unite the nation by ending hatred."

He also announced the start of a journey on February 8, reminiscent of 2017.

Shehbaz maintained that the PML-N was not responsible for PTI losing its electoral symbol of 'bat'. Shehbaz maintained that neither Nawaz nor he snatched the party's electoral symbol.

"PTI did not conduct inter-party elections and the entire country is witness to the apex court proceedings. They should have argued in court. PML-N had lost its electoral symbol of 'lion', and if the 'bat' was in play today, then we would have had competition."

Earlier today, Shehbaz said that had the PTI used the bat to play an innings for the progress and prosperity of the country, today’s state of national affairs and the condition of the people of Pakistan would have been totally different.

In a recent interview with a private news channel, he highlighted the missed opportunities by the PTI government, emphasising that a different trajectory could have been set for the country's progress and prosperity.

He pointed out that the Election Commission had issued notices to the PTI in 2021 when it was in power, not the PML-N. Therefore, the consequences of the notice are solely legal, and the PTI has no one else to blame for this matter.

Discussing the serious cases leading to Imran Khan's incarceration, Shehbaz stated, "Imran is behind bars as a result of serious cases like the May 9 treason and £190 million, which was deposited elsewhere instead of the national treasury. This is purely a matter of law rather than anything else."

Highlighting the economic challenges, Shehbaz criticised the PTI government's decisions, citing a ruined economy marked by inflation reaching unprecedented levels.

He pointed out the damaged diplomatic ties and torn treaties with the IMF as further consequences of the PTI reign.

Shehbaz expressed optimism about the PML-N's performance in the upcoming elections, saying: "Recent polls show the PML-N making significant gains, indicating that the party is peaking at the right time. All surveys suggest that Nawaz Sharif will lead the country."

Source : The Express Tribune

 

[FearlessRoar]

PTI leader Barrister Gohar Ali Khan on Friday expressed disappointment at the Supreme Court’s decision on the party’s iconic electoral symbol ‘bat’ and called it a “big punishment”.

After marathon hearings last week, a three-member apex court bench — headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa — upheld the Election Commission of Pakistan’s Dec 22 decision to declare the PTI’s intra-party polls as “unconstitutional” and revoke its electoral symbol.

As a result, the party’s members would now be contesting the elections as independent candidates with different electoral symbols and the party no longer has the right to reserved seats for women and minorities.

Earlier this week, Barrister Gohar said the PTI would soon issue a list of party-affiliated candidates for the February 8 polls on its social media channels but expressed fear that the SC judgment would increase horse-trading.

Meanwhile, incarcerated PTI founder Imran Khan said he had assigned the task of awarding party tickets to Omar Ayub and Shibli Faraz as he was not allowed to deliberate on the tickets and got little input about the candidates.

During a conversation with reporters at Adiala Jail, Imran said the PTI would spring a “surprise” on Feb 8 through its ‘Plan C’ but did not elaborate further.

In an interview on Dawn News programme ‘Doosra Rukh’ today, to be aired later tonight, Barrister Gohar was questioned about the SC verdict.

“This is not the Qazi Faez Isa I was expecting,” he responded, saying that he had always respected the CJP during the latter’s time at the Balochistan High Court. “In this case, I was 100 per cent expecting a different output,” Barrister Gohar said.

When asked whether the reference filed against Justice Isa during the PTI government’s tenure had a role in recent judgments against the party, Gohar said the CJP should have set aside all the other things.

“You cannot give such a big punishment to a political party,” he said.

Gohar also alleged that PML-N supremo Nawaz Sharif played a big role in revoking the PTI’s electoral symbol. “Nawaz brings the umpire into the game and plays with him. This time, he’s playing a kind of game in which he is not allowing our team to play,” he claimed.

“The umpire is with Nawaz, everything has been prepared for him,” Gohar claimed, adding that a “democracy should be run like a democracy”. “The clash of the titans has to come to an end,” he added.

Questioned about PTI founding member Akbar S. Babar, Gohar said he was a “planted individual who works on other people’s directions”. “When has he done anything for this party?” he questioned. “He is not our member, nor has he been in the past 13 years.”

Gohar also confirmed that no one had been in contact with Imran at Adiala Jail, saying that the PTI founder was in “no mood” to meet anyone.

The PTI leader also appreciated President Arif Alvi, who he confirmed was “still with” the PTI. He requested Alvi to fulfil his role as the head of state and ensure that elections were held in a free, fair and transparent manner.

Source: Dawn

‘Not the Qazi Faez Isa I was expecting,’ says PTI’s Gohar after SC upholds decision stripping party of ‘bat’

"You cannot give such a big punishment to a political party," Gohar says.

www.dawn.com

 

[The Bald Eagle]

Supreme Court issues detailed judgement on PTI intra-party elections, electoral symbol​

“The ECP is a constitutional body and amongst its duties are those mentioned in the Constitution, Article 219(e) of which stipulates that ECP must also undertake such functions as prescribed by law, which would include those mentioned in the Act. Section 208 of the Act mandates that political parties must hold intra party elections periodically, and that a period not exceeding five years elapse within two elections. It further stipulates that every member of a political party ‘be provided with an equal opportunity of contesting election for any political party office.”

“Members of PTI were not provided nomination papers when they went to get them nor were any intra party elections held. Incidentally, the notice issued by the PTI Secretariat stated that the elections were to be held in Peshawar but did not mention the venue, and then the venue was shifted to Chamkani, which is a village adjacent to Peshawar.”

“Neither before the LHC nor before the PHC, any provision of the Act, including section 215(5), was challenged.”

“We also do not agree with the learned Judges that the ECP did not have ‘any jurisdiction to question or adjudicate the Intra Party Elections of a political party,” concluded the judgement.

Source: Samaa News

 

[Bewal Express]

Supreme Court issues detailed judgement on PTI intra-party elections, electoral symbol​

“The ECP is a constitutional body and amongst its duties are those mentioned in the Constitution, Article 219(e) of which stipulates that ECP must also undertake such functions as prescribed by law, which would include those mentioned in the Act. Section 208 of the Act mandates that political parties must hold intra party elections periodically, and that a period not exceeding five years elapse within two elections. It further stipulates that every member of a political party ‘be provided with an equal opportunity of contesting election for any political party office.”

“Members of PTI were not provided nomination papers when they went to get them nor were any intra party elections held. Incidentally, the notice issued by the PTI Secretariat stated that the elections were to be held in Peshawar but did not mention the venue, and then the venue was shifted to Chamkani, which is a village adjacent to Peshawar.”

“Neither before the LHC nor before the PHC, any provision of the Act, including section 215(5), was challenged.”

“We also do not agree with the learned Judges that the ECP did not have ‘any jurisdiction to question or adjudicate the Intra Party Elections of a political party,” concluded the judgement.

Source: Samaa News

Just should have said- Munir ordered it be because the duffer can't win with anything resembling a fair election. Isa is a crook

 

[KingKhanWC]

Just should have said- Munir ordered it be because the duffer can't win with anything resembling a fair election. Isa is a crook

I have never seen such outright , open corruption in my life as what is happening now in Pak.

Does these people have no shame, knowing the nation sees whats going on? The audacity is striking.

 

[Bewal Express]

I have never seen such outright , open corruption in my life as what is happening now in Pak.

Does these people have no shame, knowing the nation sees whats going on? The audacity is striking.

They have no idea of what to do except to hold PK hostage for the benefit of a crooked elite Led by the Establishment

 

[The Bald Eagle]

The Pakistan Tehreek-e-Insaf (PTI) filed a review petition on Tuesday against the Supreme Court's January 13 order declaring its intra-party elections illegal.

The PTI prayed to the apex court to declare the Election Commission of Pakistan's (ECP) verdict as “without jurisdiction, without lawful authority and illegal and liable to be set aside”.

Senior lawyers Hamid Khan and Ali Zafar have filed the petition in the top court making the electoral watchdog and the complainants in the high court as respondents.

The petitioner argues that "the Elections Act does not give any right, power or jurisdiction to ECP to adjudicate any dispute relating to intra-party elections or refuse to give it a common symbol on the basis of any alleged irregularity in the intra-party elections". Therefore the party highlighted that "the Judgement under Review is also in violation of the fundamental right of fair trial (Article 10A)".

The party argued that the Peshawar High Court's (PHC) verdict on January 10 held that the "ECP lacks the power to decide intra-party election disputes, exemplifying that this decision can only be made after a proper trial in the court of law." Therefore, the verdict passed by the PHC should be upheld.

The PTI feels "discriminated" by the ECP as ANP did not hold intra-party elections yet the ECP granted it the symbol and imposed only a fine. Moreover, out of "175 political parties, and throughout Pakistan’s history, ECP has never ever examined intra-party elections on the ground of any irregularity nor refused a symbol on that basis".

Further grounds of arguments were established by the fact that a three-member bench led by Chief Justice Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali led the SC hearing. However, since the case involved constitutional questions, under the SC (Practice and Procedure) Act, it could only have been heard by a five-member bench but there was a "lack of jurisdiction"

SC January 13 verdict

The apex court verdict, authored by Chief Justice Isa, maintained that the mere production of a certificate by the PTI stating that intra-party elections were held could not suffice to establish that such elections had actually been held, particularly when some party members were challenging this assertion.

“In the instant case not even prima facie evidence was produced to show that a semblance of elections had been held. Fourteen PTI members, with stated credentials, had complained to the ECP that elections had not been held.

“These complaints were brushed aside in the writ petition by simply asserting that they were not members of the PTI and thus not entitled to contest elections, but this bare denial was insufficient, particularly when they had credibly established their long association with the PTI.”

The court noted that if any member of a political party is expelled, it must be done in accordance with Section 205 of the Election Act, 2017 “but no evidence in this regard was forthcoming”.

The verdict said these members of the PTI were not provided nomination papers when they went to get them nor were any intra-party elections held.

“Incidentally, the notice issued by the PTI Secretariat stated that the elections were to be held in Peshawar but did not mention the venue, and then the venue was shifted to Chamkani, which is a village adjacent to Peshawar,” the bench observed.

The SC declared the PHC’s comment that Section 215(5) of the Election Act, 2017 was “absurd” as “uncalled for”. It said the party had neither challenged any provision of the act in the Lahore High Court (LHC) nor the PHC, nor any provision of the act had been declared unconstitutional.

“Surprisingly, no declaration was sought, nor given, that intra-party elections were held in [the] PTI, let alone that the same were held in accordance with the law.

“If it had been established that elections had been held then [the] ECP would have to justify if any legal benefit to such a political party was being withheld, but if intra party elections were not held the benefits accruing pursuant to the holding of elections could not be claimed,” it said.

The court also disagreed with the PHC’s view that the ECP does not have any jurisdiction to question or adjudicate the intra-party elections of a political party.

Source: The Express Tribune

 

[hassan918]

This might be the biggest robbery in Pakistan's political history. How can you take out a symbol of such one of the biggest political parties in the country just a few weeks prior to the general election.

 

[Bewal Express]

This might be the biggest robbery in Pakistan's political history. How can you take out a symbol of such one of the biggest political parties in the country just a few weeks prior to the general election.

Easily. It is called the London plan. Apparently the Americans, the Indians and our own Bajwa and Munir were guarantors. The agreement stated that IK would go to jail ( it has happened), PTI would be knocked out( symbol has gone and PTI is banned) and NS will become PM. I bet you guys are wondering how I know this, well the Nooras and their media have been saying this for a year. Let's see if the PK awaam show the bravery that is the need of the hour

 

[insurge]

I saw a list of candidates and some of them had the same symbol. Couldn't they all have just used the same symbol as long as it wasn't a bat?

 

[shaz619]

Has anybody seen the duffer. When is he going to meet the public?

He will be available via satellite / tiatron like majority of The Rock’s comeback in 2011

 

[Major]

This might be the biggest robbery in Pakistan's political history. How can you take out a symbol of such one of the biggest political parties in the country just a few weeks prior to the general election.

not the biggest.

also they failed to get there intra party election done. Its there fault. Dont give ECP a chance.

Story of PTI, had no idea what they were doing in parliament and one day they wake up that a VONC is happening, so they become desperate and try every trick in there book to destabilize Pakistan but they fail.

Elections date is announced, these guys forget to do a proper intra party election

lol pti.

 

[Bewal Express]

not the biggest.

also they failed to get there intra party election done. Its there fault. Dont give ECP a chance.

Story of PTI, had no idea what they were doing in parliament and one day they wake up that a VONC is happening, so they become desperate and try every trick in there book to destabilize Pakistan but they fail.

Elections date is announced, these guys forget to do a proper intra party election

lol pti.

And the family businesses did?

 

[Bewal Express]

not the biggest.

also they failed to get there intra party election done. Its there fault. Dont give ECP a chance.

Story of PTI, had no idea what they were doing in parliament and one day they wake up that a VONC is happening, so they become desperate and try every trick in there book to destabilize Pakistan but they fail.

Elections date is announced, these guys forget to do a proper intra party election

lol pti.

The PHC threw out the case, but Qazi, who has skeletons in his own cupboard overturned it. We would have seen the truth if even a mafia leaning judge like Minallah been on the bench. it was called the London plan

 

[The Bald Eagle]

They deserve their reserved seats
=====
SIC entitled to reserved women and minority seats, says PTI’s Barrister Gohar

PTI leader Barrister Gohar Khan has said the allocation of reserved women and minority seats is a right of the Sunni Ittehad Council.

In a post on X, he said 86 PTI-backed MNAs had joined the SIC while 107 Punjab MPAs and 90 KP MPAs were officially members of the SIC.

“Getting reserved seats is the SIC’s right which cannot be given to any other political party,” Gohar said.

Source : Dawn News

 

[Cricket Warrior]

Sunni Ittehad Council (SIC) member National Assembly Junaid Akbar said that people voted for Pakistan Tehreek-e-Insaf (PTI) backed independent candidates on random symbols just for the PTI founder, ARY News reported

Speaking in the National Assembly session, Junaid Akbar, who along with others joined the SIC after being elected as the PTI-backed independent candidate, said that PTI’s symbol was ‘taken away’ under the garb of May 9 incidents.

“For Imran Khan, the people even voted for symbol of shoe in the General Elections 2024,” he added.

 

[Cricket Warrior]

Sunni Ittehad Council (SIC) member National Assembly Junaid Akbar said that people voted for Pakistan Tehreek-e-Insaf (PTI) backed independent candidates on random symbols just for the PTI founder, ARY News reported

Speaking in the National Assembly session, Junaid Akbar, who along with others joined the SIC after being elected as the PTI-backed independent candidate, said that PTI’s symbol was ‘taken away’ under the garb of May 9 incidents.

“For Imran Khan, the people even voted for symbol of shoe in the General Elections 2024,” he added.

People know Imran Khan, they are not concerned about any symbol... they will vote even for a 'khamba' on IK's call.

 

[Cricket Warrior]

Pakistan Tehreek-e-Insaf (PTI) founding member Akbar S Babar Tuesday filed two separate pleas with the Election Commission of Pakistan (ECP) challenging the recent intra-party elections of the Imran Khan-founded party.

On January 13, the Supreme Court (SC) upheld the Election Commission of Pakistan’s (ECP) December 22 verdict declaring the party's intra-party polls invalid, leading the party to lose its 'bat' electoral symbol.

In its 11-page order on a petition filed by Babar, a five-member ECP bench — headed by Chief Election Commissioner Sikandar Sultan Raja — declared PTI's intra-party elections unlawful.

In his fresh plea, Babar requested the ECP to annul the recent intra-party elections of the PTI.

It is pertinent to mention here that the Khan-founded party held fresh intra-party elections on March 3.



Geo News

 

[Cricket Warrior]

Pakistan Tehreek-e-Insaf (PTI) founding member Akbar S Babar Tuesday filed two separate pleas with the Election Commission of Pakistan (ECP) challenging the recent intra-party elections of the Imran Khan-founded party.

On January 13, the Supreme Court (SC) upheld the Election Commission of Pakistan’s (ECP) December 22 verdict declaring the party's intra-party polls invalid, leading the party to lose its 'bat' electoral symbol.

In its 11-page order on a petition filed by Babar, a five-member ECP bench — headed by Chief Election Commissioner Sikandar Sultan Raja — declared PTI's intra-party elections unlawful.

In his fresh plea, Babar requested the ECP to annul the recent intra-party elections of the PTI.

It is pertinent to mention here that the Khan-founded party held fresh intra-party elections on March 3.



Geo News

This person Akbar S Babar does not have peace.

Everybody knows who is actually behind this petition.

 

[Cricket Warrior]

Without 'Bat', PTI shut out of Senate elections

Pakistan Tehreek-e-Insaf (PTI) finds itself on the sidelines of the Senate elections in a similar territory, once again grappling with the loss of its electoral symbol in the parliamentary realm.

As per the dictates of the Election Commission of Pakistan (ECP), only parties with electoral symbols are eligible to partake in the Senate polls, adhering to the same rules governing general elections.

To sidestep legal entanglements, PTI hopefuls must file their nomination papers independently.

According to sources within ECP, nominees of the party must file their papers sans PTI affiliation to dodge legal entanglements.

With the ‘bat’ symbol flying out of reach, PTI's Senate dreams hang in the balance and its hopefuls will once again contest as independents. However, members of the Sunni Ittehad Council (SIC) are poised to throw their weight behind PTI's independent contenders.

ECP sources reiterated that only parties with electoral symbols are entitled to allowed to participate in the elections, a rule which also extends its reach to the Senate stage.

Without 'Bat', PTI shut out of Senate elections | The Express Tribune

All Senate tickets will pass muster with Imran Khan in a crucial meeting

tribune.com.pk

 

[The Bald Eagle]

He is truly a parasite for PTI​

=======

Akbar S. Babar seeks probe of PTI’s ‘secret’ foreign bank accounts​

PTI’s estranged member Akbar S. Babar has urged Interior Minister Mohsin Naqvi to conduct an inquiry into the PTI’s alleged “secret” bank accounts abroad.

In a letter to Naqvi, a copy of which was also sent to Prime Minister Shehbaz Sharif, Babar recalled the years-long prohibited funding case against the PTI, in which the ECP ruled that the party did indeed receive prohibited funding.

He quoted details from the ECP order, including “private bank accounts of PTI employees illegally used to collect donations” and “grossly inaccurate and wrong” filing of signed certificates by ex-premier Imran Khan.

“There is a need to pursue with full vigour all instances of violations of law documented in the ECP of Aug 2, 2022,” Babar asserted.

The letter mentioned seven foreign bank accounts “identified” during the proceedings of the case and “admitted by PTI” — three Bank of America accounts, one in Canadian Imperial Bank of Commerce, one in Australia and New Zealand Banking Group and two in Lloyds Bank. It further said three sources of funding were revealed — from PTI Finland, PTI Norway and Insaf New Zealand.

Terming “illegal funding of political parties” as a matter of national security, Babar urged the interior minister to “seek details of all PTI international bank accounts maintained abroad through the Mutual Legal Assistance arrangements” and to take action against the perpetrators.

Source: Dawn News

 

[The Bald Eagle]

PTI leader Barrister Gohar Ali Khan on Saturday ruled out a merger with the Sunni Ittehad Council (SIC) in case the former was returned its election symbol of the ‘bat’, reasoning that the two were political parties with different orientations.

The SIC was earlier joined by PTI-backed independent candidates after they won the February 8 elections, since former prime minister Imran Khan’s party was deprived of its electoral symbol of the ‘bat’.

Earlier, in a four-one verdict, the Election Commission of Pakistan (ECP) had ruled that the SIC was not entitled to claim quota for reserved seats due to having non-curable legal defects and violation of a mandatory provision of submission of party list for reserved seats which is a requirement of the law.

In an interview on DawnNewsTV show ‘Doosra Rukh’ today, Barrister Gohar was questioned about a possible merger with the SIC in case the PTI was given its election symbol back to which he said: “If they (SIC) call for a merger then their party can do it but since it is a religious party then maybe they might not go for a merger and we are a different kind of democratic party so we will keep our own platform.”

Gohar said the party and its members were waiting on the ECP to recognise and notify the recently held intraparty elections on March 3 and return the symbol of the ‘bat’ to the party.

“It’s been one month and we still haven’t been given the certificate,” he said, adding that it was very “unfortunate”.

He said it was “obvious” that if the PTI was given its certificate and election symbol then its members, currently part of the SIC, would return to the party, adding that these aspects were part of the memorandum of understanding with the SIC as well.

“We will join our party when we receive the certificate and will participate in the Parliament from its platform.”

Barrister Gohar said the PTI had a “very good understanding” with the SIC and both parties would continue to be represented in Parliament.

However, he did criticise the ECP and National Assembly Speaker Ayaz Sadiq for not awarding the SIC the reserved seats in Parliament.

Barrister Gohar also downplayed the matter of a recent meeting of the Khyber Pakhtunkhwa government in Peshawar’s Corps Commander’s House, saying that it would have been better if it was held at the Chief Minister’s House but it was not a major issue if the cabinet had decided to hold a moot there for some reasons.

He stressed that a “working relationship” needed to be maintained and pointed towards the security climate of the province.

Source: Dawn News

 

[BouncerGuy]

PTI faces yet another challenge to intra-party elections

The Election Commission of Pakistan (ECP) has accepted another plea against the PTI’s intra-party elections, sources told Dawn on Wednesday.

The electoral watchdog seems to be meting out ‘special treatment’ to the party, as it has been issued a notice over alleged irregularities in intra-party polls, conducted on the ECP orders on March 3.

The party had filed documents related to its intra-party polls with the ECP on March 4. The documents, submitted by PTI’s Federal Election Commissioner Raoof Hasan, included details about newly-elected party office-bearers, a certificate of the party chief containing Form 65, names of the core committee members, and other relevant record.

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 re-allocation of its electoral symbol “bat” by the ECP.

Now, the Political Finance Wing of the ECP has asked PTI representatives to appear before the electoral watchdog on April 30.

This is the third time that the commission has called the legality of PTI’s internal polls into question.

In November 2023, the ECP had annulled the intra-party polls of PTI held in June 2022, giving the former ruling party 20 days to go for a fresh election if it did not want to lose its electoral symbol — bat.

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

The PTI, which was already crying foul, had termed the ECP ruling an attempt to keep former prime minister Imran Khan and his party away from polls.

SOURCE: DAWN

 

[BouncerGuy]

ECP to unveil objections on PTI internal polls

The Election Commission of Pakistan (ECP) on Tuesday issued directions to provide details of its objections to the PTI over its intra-party elections.

A five-member body headed by the chief election commissioner heard the matter of the PTI’s internal polls objections.

PTI Chairman Barrister Gohar Ali Khan and Chief Election Commissioner Raoof Hasan appeared before the ECP.

ECP Political Finance Director General Masood Akhtar appeared before the commission and informed it that the Supreme Court had decided that PTI should conduct its internal polls on November 23 and December 22.

However, he added that there were objections over the PTI’s intra-party elections and it was necessary to clarify them. The PTI chairman told the commission that he would clarify all the objections.

Gohar added that the PTI had submitted the details of its intra-party elections on March 9 this year but it was not yet provided with the ECP’s objections over them.

The PTI chairman further said if the objections over the party’s internal elections were given to him, he would submit the answers.

After hearing the arguments, the ECP issued instructions to provide the PTI with the details of the objections and adjourned the hearing of the case.

Speaking to the media outside the ECP office, the PTI chairman said they tried to suppress the party in every way but the people continued to support it.

On the issue of en masse resignation from parliament, he said Sunni Ittehad Council (SIC) chief Sahibzada Hamid Raza had asked the PTI to consider the option.

Gohar said as far as dialogue was concerned, it should be held with everyone.

“We have not engaged in a dialogue process with anyone yet. We will inform you if it happens.”

The PTI chairman claimed that there were 175 political parties in the country but none of them had conducted their internal elections according to the Constitution.

He added that the PTI had held its intra-party elections in line with the orders of the ECP and Supreme Court.

Gohar stressed the need for lowering the political temperature.

“We were subjected to the atrocities that were planned and now there should be justice.”

Separately, the PTI Core Committee expressed its reservations on the hearing of the SC larger bench on a letter penned by six Islamabad High Court judges, saying that Chief Justice of Pakistan Qazi Faez Isa instead of silently patronising the “interferers” should disclose the responses from all the high courts.
During its session, it accused the CJP of exhibiting anti-judiciary sentiments and criticised him for not addressing a case of significant constitutional and democratic importance on a daily basis.

The PTI Core Committee also denounced the ongoing cases against the party’s founding chairman Imran Khan and his wife, Bushra Bibi, describing them as “baseless and fabricated”.

SOURCE: EXPRESS TRIBUNE

 

[BouncerGuy]

Legal quagmire of PTI party polls deepens

The PTI’s electoral issue has become a tangled mess, and it may need to re-register with the Election Commission of Pakistan (ECP) as a political party, as the polls oversight authority has started to raise questions about its last intra-party elections.

On December 22, 2023, the ECP stripped the PTI of its election symbol due to irregularities in its intra-party elections held on December 2. The Supreme Court later upheld the ECP order, forcing the party to field its candidates as independents in the February 8 general elections.

After the general elections, the party once again conducted its intra-party elections on March 3. The party now demands that the ECP issue its notification. However, the ECP has once again raised objections to the new party polls and asked the former ruling party to submit its reply in writing.

Sources indicate that the ECP has asked PTI Secretary of Information Raoof Hasan who appointed him as the party's chief election commissioner for the polls. The PTI claims that during a general body meeting, Omar Ayub was appointed as the chief organizer while Hasan was appointed the chief election commissioner.

According to the PTI’s by-laws, the party’s chief organizer is appointed by the party chairman. As the party had no chairman after being stripped of its election symbol, the appointment of the chief organizer is also invalid, and legally, the appointment of the chief election commissioner is also invalid.

Sources suggest that due to this legal glitch, a question mark has been placed on the validity of the party’s second intra-party polls as well.

If the ECP declares that the PTI’s intra-party elections are correct, then questions will arise as to whether the Supreme Court's decision was incorrect. Interestingly, the Supreme Court had only upheld the ECP's decision.

The source suggests that the PTI's issue has now become legally entangled in a deadlock. It seems that the PTI will have to dissolve itself in this situation and register itself again as a new party.

SOURCE: EXPRESS TRIBUNE

 

[The Bald Eagle]

Such biased decisions were expected under Mr Qazi
======
The Supreme Court on Monday suspended the Peshawar High Court’s (PHC) verdict denying the Sunni Ittehad Council (SIC) — the new home for PTI lawmakers-elect — reserved seats for women and minorities.

The development came as a three-member bench — headed by Justice Mansoor Ali Shah and including Justice Muhammad Ali Mazhar and Justice Athar Minallah — took up an SIC appeal against the PHC order.

The Supreme Court on Monday took up a petition filed by the Sunni Ittehad Council (SIC) — the new home for PTI lawmakers-elect — against the denial of reserved seats for women and minorities.

The SIC had earlier been joined by PTI-backed independent candidates after they won the Feb 8 elections as their party had been deprived of its electoral symbol ‘bat’.

In a 4-1 verdict in March, the Election Commission of Pakistan (ECP) had ruled that the SIC was not entitled to claim quota for reserved seats “due to having non curable legal defects and violation of a mandatory provision of submission of party list for reserved seats”.

The commission had also decided to distribute the seats among other parliamentary parties, with the PML-N and the PPP becoming major beneficiaries. Meanwhile, the verdict was rejected by the PTI as unconstitutional.

Later the same month, while ruling on an SIC plea, the PHC had dismissed an SIC plea challenging the ECP decision and denied it reserved seats.

In April, the SIC filed a petition — moved by party chief Sahibzada Hamid Raza — before the SC seeking to set aside the PHC judgment.

Lawyer Faisal Siddiqui appeared before the court today as the SIC counsel, while Attorney General of Pakistan (AGP) Mansoor Usman Awan was also summoned during the hearing.

Suspending the PHC decision, the apex court accepted the SIC appeal for hearing.

The hearing
At the outset of the hearing, Siddiqui came to the rostrum to present his arguments.

He informed the court that PTI-backed independent candidates who had won the general elections had joined the SIC.

Justice Shah then asked if seven candidates were still part of the National Assembly as independents. When Justice Minallah asked if the PTI was a “registered [political] party”, the lawyer replied in the affirmative.

Here, Justice Shah observed, “It is a registered political party [but] just did not take part in the elections.”

“Within how many days must independent candidates join a party?” Justice Mazhar asked, to which Siddiqui replied that such MNAs-elect have to join a party within three days of their winning notification.

Justice Minallah then asked, “If a political party does not have an electoral symbol, will its candidates lose their right to represent [their party]?”

The counsel responded: “A political party can become a parliamentary party after contesting the [general] elections. Another situation is that a political party does not take part in elections but winning independent lawmakers join that party.”

Here, Justice Shah asked under what formula reserved seats were distributed among political parties. “Would a political party get reserved seats according to the seats it has won or can it also get more [than its share]?” he asked.

Siddiqui then answered, “Any political party, under any circumstances, cannot get more than its share of reserved seats.”

Justice Minallah observed that a political party could only get reserved seats according to the number of general seats it had won.

“Where is it written in the law that the remaining [reserved] seats should be distributed among the same political parties?” Justice Shah asked.

“We have to protect the public mandate. The real issue is of the public mandate,” he observed.

Justice Minallah then asked, “Where is it written in the law that a political party cannot contest elections upon not receiving an electoral symbol?”

Advocate Salman Akram Raja, who contested the Feb 8 polls as a PTI-backed independent, then said the same question had been asked in a court before the elections.

“One thing is decided — a party would only get reserved seats according to the representation it has [in the assemblies],” Justice Minallah remarked.

“How is it possible that someone’s mandate is handed over to someone else?” Justice Shah wondered.

“For the first time, a major political party was deprived of its electoral symbol,” Justice Minallah observed.

At this point during the hearing, the court summoned the ECP officials.

When the hearing resumed after a short break, the AGP and the ECP director general (law) appeared before the court.

Justice Shah asked if distributed seats could be reallocated. “The second question is that the reserved seats were distributed so the House is complete. Where is the mistake in this?”

AGP Awan then said that no candidate had joined a political party.

“Can seats belonging to the independent candidates be distributed among other parties?” Justice Shah wondered. “The Consitution of Pakistan also begins in this manner that affairs will be performed according to public aspirations,” he observed.

The judge went on to ask if the reserved seats could be “redistributed in the second stage” while Justice Minallah asked what should be done if any further reserved seats were left unallocated.

Here, Justice Shah, while noting that political parties could get their deserved share of reserved seats, again asked how they could also be allocated other seats.

“Can other remaining reserved seats also be distributed to them? Is there anything like that in the law?” he asked.

“If there is nothing as such in the law, then isn’t doing so against the Constitutional scheme?” Justice Shah asked AGP Awan.

Source: Dawn News

 

[Bewal Express]

This will be interesting. Isa and the London plan involved taking the PTI bat symbol, banning the party without due process and then giving any reserve seats to the nationalised parties. And all this was done to enable the Junta to take control and give Isa an extension. For a start Isa was conflicted and criminally so, but in a banana Republic that is all halal.

 

[BouncerGuy]

PTI submits response to ECP’s objections to intra-party polls

The PTI has submitted a comprehensive response to objections raised by Election Commission of Pakistan (ECP) against the third intra-party elections (IPE) held in less than two years, urging the ECP to officially recognise the latest exercise held on March 3.

In a response to the ECP’s seven questions the party’s federal chief election commissioner Raoof Hasan 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 says.

It further says 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).

The PTl then held its IPE on Dec 2, 2023, but the ECP held the PTI Secretary General could not have appointed PTI’s Federal Election Commission to hold lPE. Therefore, the PTI held its IPE for the third time on March 3, 2024. 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 general body.

It says 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, PTI is an enlisted political party till date and as such it continues to exercise its rights under the relevant provi-sions of law, including Article 17 of the Constitution, Elections Act, 2017, and Election Rules, 2017,“ the PTI insists.

In reply to a question as to why the PTI should not be proceeded against under Section 202 (5) of the Elections Act, it said there was no basis to proceed against PTI under Section 202(5) of the 2017 Act. As a matter of law, enlistment is a one-time exercise by a political party or the ECP. After enactment of Elections Act, 2017, for ‘deemed enlistment’ under Section 202(4), all that was required was that the party must have filed with ECP documents under Section 202(2) within 60 days of commencement of Elections Act, 2017.

“There is no dispute that these documents were filed with the ECP within time. The bare reading of Section 202 (5) provides that if ‘an enlisted political party’ does not file with ECP the documents mentioned in Section 202(2) within sixty days as required under the constitution, the Commission shall cancel the enlistment of the party.

Thus, if a party has not earlier been enlisted with ECP, Section 202(1) requires that it must file for enlistment within 30 days of its formation under Section 200. However, if a party having earlier been enlisted with ECP under a previous repealed law does not file documents required under Section 202(2) within 60 days of commencement of the 2017 Act, as required under Section 202(4) for enlistment under the act, its enlistment shall be cancelled by the ECP after affording an opportunity of hearing. It was submitted that Section 202(5) covers an altogether different situation and cannot be resorted to against any enlisted party.

Responding to another objection it said PTI’s general body meeting dated 31-01-2024 meets the requirements of Section 208(3) of the Election Act, 2017, which provides that all members of the political party at federal, provincial and local levels shall constitute the electoral college for election of the party’s general council at the respective levels.

“That means general council (GC) of a party may be elected by all members and then the GC may elect the office-bearers if so required by constitution of a party”.

The response reiterates the PTI’s stance that election symbol should never have been withdrawn from the PTI. It also points out that a review plea against the Supreme Court judgement was pending. About the question of imposition of fine for not holding intra-party elections, it says PTI cannot be proceeded against as it has held elections.

It pointed out that earlier, the ECP instead of imposing fine withdrew PTI’s election symbol. “The ECP cannot now reopen that matter in order to impose an additional penalty in the form of a fine having chosen not to do so at the relevant time,” it notes.

“We hope all your reservations have been appropriately addressed herein above. You are, therefore, requested once again to kindly publish on your website the requisite certificate under Section 209 (3) at the earliest possible,” the response submitted by the PTI said.

Source: Dawn News

 

[Cricket Warrior]

PTI top brass summoned in intra-party elections case

The Election Commission of Pakistan (ECP) has summoned Pakistan Tehreek-e-Insaf (PTI) top leadership after raising further objections to recently-held intra-party elections, ARY News reported on Friday.

The electoral watchdog has issued a notice to Imran Khan-founded party and summoned PTI Chairman Barrister Gohar Ali Khan and Raoof Hasan, who was the election commissioner in party’s intra-party polls, on May 30.

The notice seeks PTI’s response to the commission’s inquiry into the internal electoral process. The election commission had already sent a detailed questionnaire to PTI, seeking information about the party’s intra-party elections.

Earlier in May, the ECP raised further objections to PTI intra-party elections, questioning the party’s status after ‘losing organisational structure’.

PTI top brass summoned in intra-party elections case

ISLAMABAD: The Election Commission of Pakistan (ECP) has summoned Pakistan Tehreek-e-Insaf (PTI) top leadership after raising further objections to

arynews.tv

 

[FearlessRoar]

PTI challenges ECP’s authority to withdraw election symbol​

Pakistan Tehreek-e-Insaf (PTI) has challenged the Election Commission of Pakistan’s authority to withdraw the election symbol in the Lahore High Court.

The PTI has filed a petition in the High Court challenging the ECP’s authority to withdraw election symbols. The federal government, ECP, and others have been made parties.

In the petition filed in the Lahore High Court, it has been argued that under clause 2 of Article 17, no political party can be prevented from contesting the election.

In the petition, it is requested that the action of the electoral body against the intra-party election of PTI should be annulled.

Earlier, the Election Commission of Pakistan raised objections to the new intra-party elections of Pakistan Tehreek-e-Insaf (PTI).

The ECP has issued a notice to PTI for April 30. The political finance wing of the Election Commission directed the PTI to appear on April 30.

PTI had submitted the details of the intra-party elections to the Election Commission on March 4.

PTI challenges ECP’s authority to withdraw election symbol

LAHORE: Pakistan Tehreek-e-Insaf (PTI) has challenged the Election Commission of Pakistan authority to withdraw the election symbol.

www.bolnews.com

 

[FearlessRoar]

Supreme Court writes to British Envoy explaining Jan 13 order

On the directive of Chief Justice Qazi Faez Isa, the Registrar of the Supreme Court wrote to the British High Commission, noting that High Commissioner Marriott emphasised the importance of democracy, elections, and open societies at recently held Asma Jahangir Conference.

“Not all parties were formally permitted to contest the elections and that legal processes were used to prevent some political leaders from participation, and to prevent the use of recognisable party symbols,” British Envoy had said.

The apex court, in its letter, noted that the British High Commissioner’s criticism of stripping a certain political party of its electoral symbol “was unjustified” as the latter did not follow the law, abiding political parties to hold intra-party elections.

The court noted that elections were required to be held within 90 days of the completion of the tenure of the National and provincial assemblies but “had not taken place because the President and the Election Commission of Pakistan were at odds regarding who is empowered to announce the election date”.

“The matter was resolved in just 12 days by the Supreme Court, and general elections were held throughout Pakistan on 8 February 2024”, it noted.

Previously, the letter mentioned, many wanting to contest elections in Pakistan faced a lifetime ban because they were not considered honest and trustworthy (‘sadiq and ‘ameen’) by the Supreme Court.

“However, a larger 7- Member Bench overruled the earlier decision, holding that it did not conform to the Constitution and the law”, it added.

The Supreme Court said that the law enacted by Parliament (Elections Act, 2017) requires democracy within political parties via the holding of periodical intra-party elections; to forestall autocracy or even dictatorship within them.

To ensure compliance with this democratic principle the law stipulates, it said, that if a political party does not hold intra-party elections, then it would not be eligible for an election symbol.

“A political party (which had itself voted in this law) did not hold the mandated intra-party elections. The Supreme Court reiterated what the law stipulated,” the letter said.

Therefore, the registrar said: “…your Excellency’s criticism with regard to this decision, with utmost respect, was unjustified”.

Pointing out a recent SC ruling, the letter stated: “It was gratifying that your Excellency had repeatedly stressed the importance of open societies’ which you stated are necessary for vibrant democracies. You will be pleased to learn that the Supreme Court has recognised the right to information and vigorously applied it to itself”.

“Persisting in the violent undemocratic mistakes of the past condemns present and future generations, and perpetuates cycles of violence. Let us embrace truth, which sets us free,” it maintained.

Raising some questions, it stated: “Should the overthrow of the elected democratic government of Mohammad Mossadegh in 1953, to capture Iranian oil, not be revealed after over seven decades of cover-up? Will this not prove therapeutic for the perpetrator and the victim? Will it not engender trust, possibly friendship, and peace?”

“Ceding to what it described as Jewish Zionist aspirations’, the British government wrote to an individual, its own citizen, on 2 November 1917 conveying its decision to establish a settler-colonial state. This decision was not voted upon by the people of the area who were impacted by it, nor even by your own. The British government, and not Parliament, unilaterally decided it. The Balfour Declaration became the foundation on which an ethnic state was established. Those who had always lived there were excluded from this ethnic state; contained in ghettos, humiliated, deprived, brutalised, maimed and killed,” the letter added.

The Supreme Court asked the British High Commissioner: “Let us be honest and acknowledge past mistakes in the spirit of openness, advocated by your Excellency. And, jettison the unholy concept of ethnic superiority, and its concomitant humanity — an inferior humanity.”

The court said it has acknowledged the mistakes made in its past, addressed them in detail, and taken steps to ensure that they are not repeated.

“Since the Government of His Majesty King Charles III has stressed the need for open societies and democracy, and offered criticism on the decisions of the Supreme Court of Pakistan, reciprocity would presumably be acceptable,” it concluded.

Supreme Court writes to British Envoy explaining Jan 13 order

ISLAMABAD: The Supreme Court (SC) of Pakistan has written a letter to British High Commissioner Jane Marriot and explained its January 13 verdict, setting

arynews.tv

 

[BouncerGuy]

ECP delists PTI intra-party election case

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.

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.

SOURCE: DAWN

 

[Cricket Warrior]

ECP to hear PTI intra-party election case on June 6

The Election Commission of Pakistan (ECP) fixed the Pakistan Tehreek-e-Insaf (PTI) intra-party election case for hearing on June 6, ARY News reported.

The ECP issued notices to PTI Chairman Barrister Gohar Ali Khan and spokesman Raoof Hassan, directing them to appear on Thursday, June 6.

Earlier, the case was scheduled to be heard on May 30 but the ECP delisted the same due to the unavailability of a bench.

The ECP had earlier summoned PTI Chairman Barrister Gohar Ali Khan and Raoof Hasan on May after raising further objections to recently-held intra-party elections.

The notice aought PTI’s response to the commission’s inquiry into the internal electoral process. The election commission had already sent a detailed questionnaire to PTI, seeking information about the party’s intra-party elections.

Earlier in May, the ECP raised further objections to PTI intra-party elections, questioning the party’s status after ‘losing organisational structure’.

On December 22, 2023, the ECP stripped the PTI of its election symbol due to irregularities in its intra-party elections. The Supreme Court later upheld the ECP order, forcing the party to field its candidates as independents in the Feb 8 general elections.

After the general elections, the party once again conducted its intra-party elections on March 3. The party now demands that the ECP issue its notification.

However, the ECP has once again raised objections to the new party polls and sent a two-page questionnaire to the Imran-founded party.

The electoral watchdog questioned the current “status” of the PTI as a political party, noting that the party did not hold intra-party elections within five years, in accordance with Section 208(1). “Hence, it lost its organisational structure on lapsing of five years,” it stated.

The ECP also questioned 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.

Section 208(5) reads, “Where a political party fails to conduct intra-party elections as per given time frame in their constitution, a show-cause notice shall be issued to such political party and if the party fails to comply, then the Commission shall impose fine which may extend to Rs200,000 but shall not be less than Rs100,000.”

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 electoral watchdog also asked the PTI why not to commence its delisting process for not submitting the documents as per the prescribed law.

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


ARY News

 

[BouncerGuy]

CJP continues to defend PTI intra-party polls ruling

Despite a pending review petition, Chief Justice of Pakistan (CJP) Qazi Faez Isa continues to defend his January 13 ruling that deemed Pakistan Tehreek-e-Insaf's (PTI) intra-party elections unlawful, resulting in the party losing its election symbol in the recent general elections.

Responding to directives from CJP Isa, the Supreme Court Registrar dispatched a letter on May 3 to British High Commissioner Jane Marriott. This move was spurred by Marriott's remarks at the Asma Jahangir Conference, where she underscored the significance of democracy, elections, and the imperative of open societies.

“To ensure compliance with this democratic principle the law stipulates that if a political party does not hold intra-party elections, then it would not be eligible for an election symbol. A political party (which had itself voted in this law) did not hold the mandated intra-party elections. The Supreme Court reiterated what the law stipulated,” says the SC letter.

Despite the SC's stance, several legal experts have criticised the letter, given the pending review petition against the January 13 order. Presently, CJP Isa finds himself entangled in the case of the reserved seat, where he is compelled to clarify the misinterpretation of the January 13 order.

During Tuesday's hearing, CJP queried why PTI candidates hadn't requested the Election Commission of Pakistan (ECP) for the bat symbol. In response, Faisal Siddiqi, counsel for the Sunni Ittehad Council (SIC), suggested that this could be seen as contempt of court for violating the January 13 order. However, CJP Isa disagreed with Siddiqi and Justice Munib Akhtar.

When Justice Munib Akhtar pointed out that rubber-stamp errors were committed by ECP, CJP Isa reiterated that the crux of the matter lay in PTI's failure to conduct intra-party elections.

He emphasised that PTI had dodged intra-party elections even when its leader held the prime ministerial position, and instead of complying with the directive, they challenged it in various high courts.

Justice CJP Isa drove home the point that when it came to discussions about democracy, they ought to start with intra-party elections.

Justice Muhammad Ali Mazhar, a co-signatory of the January 13 order, reiterated that the bench had laid down the law: if there were any grievances regarding the non-allocation of reserved seats, the PTI could knock on the court's door again.

He reminded the counsel that the review petition was still pending and suggested that if there was a focus on the January 13 order, the review petition should also be heard along with this case.

‘Career-defining judgements’

A legal eagle noted that a single judgment can make or break a judge's career. Former CJP Munir, for instance, penned a book defending his decision to dissolve the first Sindh Assembly, which was given the nod by the Supreme Court.

Additionally, Justice Ejaz Afzal Khan, upon retirement, left behind a legacy of integrity within the bench. He authored the Supreme Court judgment that led to the disqualification of former PM Nawaz Sharif in the Panama case.

Some members of the bench raised eyebrows as to why the PTI, still a registered party, had not pursued the allocation of reserved seats through the ECP following the elections.

Observers note that it was evident that the PTI's legal team seemed to be dragging their feet in devising a post-election strategy. While some lawyers urged the PTI to approach the ECP for the allocation of reserved seats, the party remained hesitant.

Had the commission rejected their request, they could have taken the matter to the Supreme Court.

Advocate Abdul Moiz Jaferii, who was present during the courtroom proceedings in Courtroom No. 1, remarked that CJP Isa cautioned the counsel multiple times during the full court proceedings.

He noted that the CJP emphasised that the issues pertaining to the PTI and its associated decisions by the ECP were not on today's docket. Therefore, the court couldn't afford to waste its time analysing their shortcomings.

Later in the same hearing, he diverged onto a lengthy tangent, elaborating on the PTI's deficiencies, particularly its failure to conduct intra-party elections. He noted that had the PTI adhered to proper procedures, many of the issues wouldn't have arisen.

“This also had nothing to do with the issue the Supreme Court was hearing today and had everything to do with his own January 13 judgment which he was explaining the ratio of at length,” Jaferri added.

EXPRESS TRIBUNE

 

[The Bald Eagle]

Lol, what a hilarious comment, just like Pot calling the kettle black​

=====

Reserved seats case: CJP Isa terms PTI’s merger with SIC political ‘suicide’​

The Supreme Court resumed on Monday hearing on a petition from the Sunni Ittehad Council (SIC), supported by PTI-backed candidates, challenging the denial of reserved seats in assemblies for women and minorities.

The full court of 13 judges, including Justices Syed Mansoor Ali Shah, Munib Akhtar, Yahya Afridi, Aminuddin Khan, Mandokhail, Muhammad Ali Mazhar, Ayesha Malik, Athar Minallah, Syed Hasan Azhar Rizvi, Shahid Waheed, Irfan Saadat Khan, and Naeem Akhtar Afghan, convened for the live-streamed proceedings on the SC's website and YouTube channel.

Following the February 8 elections, where PTI-backed independent candidates joined SIC after the PTI lost its electoral symbol 'bat' due to a Supreme Court ruling.

The Election Commission of Pakistan (ECP) in a 4-1 verdict ruled in March that SIC could not claim reserved seats due to significant legal flaws and failure to submit a mandatory party list for such seats.

Consequently, the ECP redistributed these seats among other parliamentary parties, benefiting primarily PML-N and PPP with 16 and five additional seats respectively, while JUI-F received four seats. PTI rejected this verdict as unconstitutional.

In the same month, the Peshawar High Court dismissed an SIC plea challenging the ECP's decision to deny them reserved seats.

On May 6, a three-judge bench of the Supreme Court suspended the PHC verdict regarding the distribution of reserved seats beyond the originally allocated ones to political parties.

In line with the Supreme Court's directive, the ECP subsequently suspended the victory notifications of 77 lawmakers, resulting in the ruling coalition losing its two-thirds majority in the National Assembly.

At the end of May, a full court was convened to hear the case, with all judges present except Justice Musarrat Hilali.

During the June 3 hearing, Justice Mandokhail noted that the public had voted for PTI-nominated candidates rather than independents in the February 8 elections.

Justice Shah proposed that the controversy could be resolved if the ECP allowed former independent candidates three more days to decide whether to join another political party.

In subsequent hearings, the judges scrutinized the ECP's decisions and the January 13 Supreme Court verdict that deprived PTI of its 'bat' symbol.

Chief Justice Isa defended the January 13 verdict despite criticism from Justice Akhtar, who argued that the PTI lost its symbol due to a chain of errors triggered by the Supreme Court judgment.

The lawyers representing SIC and beneficiary parties like PPP and PML-N were granted two full days to conclude their arguments starting from the current hearing.

On Saturday, the ECP justified its decision to deny reserved seats to SIC for women and non-Muslims through a statement submitted by Senior Counsel Sikandar Bashir Mohmand to the Supreme Court.

Source: The Express Tribune

 

[The Bald Eagle]

Supreme Court stresses on proportional representation for reserved seats​

Supreme Court's Justice Ayesha Malik on Tuesday emphasized that seats should only be allocated based on proportional representation.

During the hearing regarding the reserved seats for the Sunni Unity Council (SIC), she reiterated that seats cannot be granted except according to the principle of proportional representation.

Chief Justice Qazi Faez Isa presided over a 13-member full court for the proceedings.

The full court comprises 13 judges, and also includes Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Athar Minallah, Justice Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Irfan Saadat Khan, and Justice Naeem Akhtar Afghan presided over the case.

Today's hearing

At the beginning of the hearing, Faisal Siddiqui, representing the Sunni Ittehad Council (SIC), stated that Sahibzada Hamid Raza had contested the election independently but had mentioned his affiliation with the SIC in the nomination papers.

Referring to the Peshawar High Court's (PHC) decision, Makhdoom Ali Khan explained that the Election Commission of Pakistan (ECP) had declined to allocate specific seats to the SIC, a decision upheld by the PHC.

CJP expressed surprise that Salman Akram Raja and Faisal Siddiqui did not discuss the PHC's decision, focusing only on the Election Commission's ruling.

Justice Athar Minallah noted that Hamid Raza had indicated his commitment to the SIC in his nomination papers. Justice Jamal Mandukhel added that party affiliation required a party ticket.

Makhdoom Ali Khan clarified that Hamid Raza had submitted a letter stating he did not contest the election under any party banner.

Justice Minallah stated that the election symbol does not necessarily indicate party participation.

Justice Ayesha Malik questioned why Hamid Raza was prevented from contesting on a party ticket, suggesting the case could take a different turn if confirmed by the ECP.

Justice Muhammad Ali Mazhar pointed out that although the SIC had an election symbol, no candidate ran under it. Makhdoom Ali Khan noted this was not raised in the appeals.

The chief justice emphasized that judges should only consider points raised in appeals, not create or undermine any party's case.

Makhdoom Ali Khan argued that the SIC, as the petitioner, did not field any candidates or provide a specific seat list.

Justice Minallah stated that if proven, Hamid Raza being a candidate for the Sunni Unity Council would alter the case.

Justice Mandukhel discussed the implications of giving a party certificate and defection rules under Section 63A, adding that Form 33 would clarify party affiliations.

Justice Minallah noted that it was acknowledged that all PTI candidates were declared independent.

Justice Shahid Waheed asked if any candidate had renounced party affiliation after submitting their papers.

Justice Shah highlighted that on March 4, the ECP stated all candidates were independent, questioning the basis for this declaration.

Justice Minallah discussed the current political landscape and its implications.

Justice Muneeb Akhtar questioned how the ECP could declare a candidate independent if they had shown party affiliation and couldn't withdraw it.

CJP Isa stated that PTI is not a party in this case, nor are there any elected representatives involved. He emphasized that the arguments presented before the court will remain unchanged.

He questioned why matters not directly before the court were being discussed, asserting that the merits of ECP decisions, whether good or bad, should not be judged if they have not been legally challenged.

CJP Isa clarified that the court's concern lies solely with the contents of the case file, not external perceptions or pressures.

Justice Mansoor Ali Shah highlighted that the Supreme Court's role, as the highest judicial body, is to safeguard the people's right to vote, especially in rural areas. He raised concerns about how the ECP could unilaterally declare candidates independent.

The chief justice affirmed his judicial oath to uphold the constitution and the law. Justice Athar Manullah stressed the importance of transparent elections as mandated by the constitution, emphasizing that the right to vote is fundamental.

Justice Mandukhel maintained his stance that switching parties under the guise of party affiliation is an invalid concept.

Justice Shah pointed out that the entire issue stemmed from the ECP's decision to declare party candidates as independent, questioning the legitimacy of this fundamental issue.

Justice Ayesha Malik queried the broader implications of whether the SIC wins or loses its case, questioning how other parties would be affected.

She reiterated that seats should only be allocated based on proportional representation and cannot be given outside of this principle. She called on those claiming additional seats to clarify their stance and respect the positions of other parties.

Justice Athar Minallah emphasized that currently, there is a failure to uphold the constitution. “Rather than confronting the reality, we are avoiding it,” he said, observing that many are attempting to give the impression that we are only discussing historical matters.

CJP Isa commented that it is necessary to acknowledge past errors. Justice Minallah asserted that there will come a time when we must acknowledge that we cannot ignore violations of the constitution indefinitely.

Minallah stressed that the Supreme Court's most significant case concerns the February 8 elections, cases involving missing individuals, and breaches of fundamental rights, which are not merely political in nature.

Source: The Express Tribune

 

[BouncerGuy]

Top judge unimpressed by criticism of ‘bat’ verdict

As a Supreme Court judgement — that resulted in the PTI losing its election symbol over a failure to conduct intra-party polls — continued to come under fire during a full court hearing on the matter of reserved seats, Chief Justice Qazi Faez Isa took exception to what he termed “snide remarks” against the verdict, saying that whatever happened was PTI’s own doing.

The court was hearing a petition filed by the Sunni Ittehad Council (SIC) — which was joined by the PTI-backed independents — against a Peshawar High Court (PHC) decision to deny it reserved seats in the national and provincial assemblies.

“Repeatedly the judgement of the Supreme Court is being referred to,” CJP Isa observed and wondered whether the party ever held intra-party elections or not.

ECP counsel Sikandar Bashir Mohmand replied that the commission had no knowledge of any such elections, even today.

“One member (Justice Mussarrat Hilali) of the three-judge bench that gave the Jan 13 verdict had an open heart surgery and she is recuperating… so snide remarks against the judgement are not acceptable,” the CJP observed.

“If the review against the Jan 13 judgement is pending, then any bench should not discuss it as a matter of law, and if one still wants to make snide remarks, then please read the judgement first,” the top judge observed.

At this, Justice Athar Minallah said the legality of the judgement was not being questioned, but wondered whether the ECP ever informed the bench hearing the intra-party election case that such a decision would render the candidates of the particular political party without a unified election symbol.

Not holding intra-party elections by the party, the CJP reminded, was perpetual and he took exception to it.

He recalled how then-prime minister Imran Khan wrote to the ECP, seeking one more year to hold party elections, a request the commission eventually approved. According to the CJP, the PTI had 91 posts for different office-bearers, where all members were elected unopposed without even paying the required elections fee.

“Please quote from the judgement if someone wants to cite it,” he reiterated, adding that it was not enough to say that PTI was deprived of the election symbol because of the apex court judgement alone. The CJP wondered why the party was so rigid on its intra-party polls stance that “they are not even held today”.

“Why not file a petition before the court if you don’t want elections in the party,” he quipped.

Question of Section 240

Justice Munib Akhtar, however, asked why the ECP didn’t invoke Section 240 of the Elections Act 2017, which provided solutions to deal with difficulties faced by the commission.

Since a ‘common’ election symbol could not be given to a national political party which formed the federal government a mere two years ago, the ECP could have taken recourse to Section 240 by holding that the commission recognised the PTI as the enlisted political party. He said the ECP’s move “disenfranchised” the ex-ruling party in the Feb 8 elections.

At this, the CJP asked if there was any application submitted to this effect, to which the ECP lawyer said no.

Justice Minallah pointed out that the bench was confusing two things: one was the judgement of the court regarding the symbol, but the CJP interrupted again to reiterate that the judgement was regarding intra-party elections.

“There is a big distinction here,” he stressed.

Justice Muhammad Ali Mazhar, however, recalled that a review petition against the verdict was pending, wondering should that review be heard by the present bench now.

The counsel said there was a review pending but he was not the counsel in that case and couldn’t comment.

‘Effect’ of the judgement

In the present scenario, Justice Akhtar reiterated, a political party was unable to nominate its candidate and to give them the election symbol because of the Jan 13 judgement.

At this, the ECP counsel stressed that the commission was bound by the ruling.

Justice Akhtar further said the effect of the Supreme Court judgement in saying that PTI could not be allocated bat symbol was in fact to eliminate the PTI as a political party from the electoral fray in the general elections 2024.

The counsel, however, contested this, saying what he said was that a candidate in order to be treated nominated by a political party must give a declaration on oath that he belonged to a particular political party in addition to a party affiliation certificate and a common election symbol, which was not available to this political party.

“It is not a fair characterisation to say that it was done to eliminate a political party,” the counsel emphasised.

When Justice Akhtar wondered why this was the case, the CJP intervened again to defend the ruling, saying that before commenting on the judgement, one should at least read it.

SOURCE: DAWN

 

[The Bald Eagle]

The Supreme Court's (SC) full bench led by Chief Justice Pakistan (CJP) Qazi Faez Isa has reserved its verdict regarding the Sunni Ittehad Council's (SIC) case on reserved seats, requesting to dismiss SIC’s appeal and uphold the verdict of the Peshawar High Court (PHC) on the matter

The full court, led by CJP, heard the case. The Election Commission of Pakistan (ECP) has already submitted a written response to the apex court, stating that the SIC is no longer entitled to the reserved seats. It reiterated that the SIC’s eligibility was compromised on several grounds.

The court announced that the reserved verdict on the SIC case will be announced after consultation.

Today's hearing

At the outset of the hearing, Faisal Siddiqui, a senior counsel representing the SIC, raised significant allegations against the ECP, accusing it of failing to fulfil its duties transparently.

"Their [Election Commission's] response on allegations of dishonesty regarding reserved seats for the Balochistan Awami Party was inadequately substantiated," SIC's counsel contended.

He cited that in 2018, the Balochistan Awami Party (BAP) did not win any seats, but they were allocated three reserved seats.

The chief justice pressed for clarity on the ECP's adherence to constitutional texts in their decision-making processes, asking, "Was the Election Commission's decision regarding reserved seats for the Balochistan Awami Party under the law?"

To which the SIC's counsel responded that the ECP had not conducted a transparent allocation process for reserved seats, as he cited precedents and legal texts to support his arguments.

"Did the Balochistan Awami Party participate in the elections in Khyber-Pakhtunkhwa?" asked Justice Irfan Saadat.

Advocate Siddiqui clarified that the Balochistan Awami Party participated but did not win any seats.

"Political parties cannot be arbitrarily denied their rightful share of representation," CJP Isa remarked.

CJ Jamal Khan Mandokhail queried, "Is the Election Commission treating all political entities equally in terms of seat allocation?"

The court noted that there is a distinction between political parties and parliamentary decisions made within Parliament.

"Political parties do not have the authority to make such decisions," Justice Jamal Mandokhail emphasized while noting that parliamentary parties are not bound to follow political decisions.

He continued, "Just as the prime minister cannot vote, parliamentary parties are not bound to implement political party decisions."

"You're absolutely right," acknowledged Siddiqui as Mandokhail's statement drew laughter from the courtroom.

The court raised a question regarding what would happen if a political party were to secure seats in several provinces but none in a particular province.

"The Balochistan Awami Party won seats in other provinces but none in Khyber-Pakhtunkhwa. The Election Commission's lack of transparency is evident," Siddiqui accused.

"Do you want the Supreme Court to take judicial notice?" CJP Isa inquired.

He continued, "If not, why mention it? If you want to file a case regarding the 2018 elections, do it"

The SIC's counsel Advocate urged if the "Election Commission was behaving discriminatorily, the Supreme Court should examine it."

"Does this mean the 2018 Election Commission was correct?" the CJP further questioned.

"The Greeks used to say if they couldn't speak with evidence, they would punish the individual," Siddiqui likened.

"Is the Greek example a good argument? Is it constitutional?" CJP Isa probed.

"Not a good argument, but their [ECP's] hypocrisy is evident," Siddiqui countered.

Justice Mandokhel queried the potential implications for those individuals who are associated with the Pakistan Tehreek-e-Insaf (PTI) but later joined the Sunni Council (SIC).

"If an independent candidate declares affiliation, they can join it [SIC]," PTI's legal counsel Salman Akram Raja said.

The PTI's counsel explained that PTI-backed SIC candidates did have any other choice apart from joining SIC. He further noted that whatever precedent ECP set about independents before was their fault.

The court has reserved the verdict and adjourned the hearing.

The ECP on March 1 refused to allot these reserved seats to the SIC. The Peshawar High Court (PHC) on March 25 also upheld the ECP order, prompting the SIC to approach the apex court.

Earlier, ECP told the Supreme Court that the SIC’s constitution is violative of articles 17, 20 & 25 of the Constitution and the party is not entitled to any reserved seats for women and in particular for non-Muslims.

The ECP on December 22, 2023, stripped the PTI of its election symbol in view of irregularities in its intra-party polls. The Supreme Court on January 13 upheld the ECP order, forcing the PTI candidates to contest the February 8 general elections as independents.

The independent candidates joined the SIC after the announcement of official election results. The SIC later sought reserved seats in the parliament and provincial assemblies in proportion to its general seats.

Source: The Express Tribune

 

[Bewal Express]

The Supreme Court's (SC) full bench led by Chief Justice Pakistan (CJP) Qazi Faez Isa has reserved its verdict regarding the Sunni Ittehad Council's (SIC) case on reserved seats, requesting to dismiss SIC’s appeal and uphold the verdict of the Peshawar High Court (PHC) on the matter

The full court, led by CJP, heard the case. The Election Commission of Pakistan (ECP) has already submitted a written response to the apex court, stating that the SIC is no longer entitled to the reserved seats. It reiterated that the SIC’s eligibility was compromised on several grounds.

The court announced that the reserved verdict on the SIC case will be announced after consultation.

Today's hearing

At the outset of the hearing, Faisal Siddiqui, a senior counsel representing the SIC, raised significant allegations against the ECP, accusing it of failing to fulfil its duties transparently.

"Their [Election Commission's] response on allegations of dishonesty regarding reserved seats for the Balochistan Awami Party was inadequately substantiated," SIC's counsel contended.

He cited that in 2018, the Balochistan Awami Party (BAP) did not win any seats, but they were allocated three reserved seats.

The chief justice pressed for clarity on the ECP's adherence to constitutional texts in their decision-making processes, asking, "Was the Election Commission's decision regarding reserved seats for the Balochistan Awami Party under the law?"

To which the SIC's counsel responded that the ECP had not conducted a transparent allocation process for reserved seats, as he cited precedents and legal texts to support his arguments.

"Did the Balochistan Awami Party participate in the elections in Khyber-Pakhtunkhwa?" asked Justice Irfan Saadat.

Advocate Siddiqui clarified that the Balochistan Awami Party participated but did not win any seats.

"Political parties cannot be arbitrarily denied their rightful share of representation," CJP Isa remarked.

CJ Jamal Khan Mandokhail queried, "Is the Election Commission treating all political entities equally in terms of seat allocation?"

The court noted that there is a distinction between political parties and parliamentary decisions made within Parliament.

"Political parties do not have the authority to make such decisions," Justice Jamal Mandokhail emphasized while noting that parliamentary parties are not bound to follow political decisions.

He continued, "Just as the prime minister cannot vote, parliamentary parties are not bound to implement political party decisions."

"You're absolutely right," acknowledged Siddiqui as Mandokhail's statement drew laughter from the courtroom.

The court raised a question regarding what would happen if a political party were to secure seats in several provinces but none in a particular province.

"The Balochistan Awami Party won seats in other provinces but none in Khyber-Pakhtunkhwa. The Election Commission's lack of transparency is evident," Siddiqui accused.

"Do you want the Supreme Court to take judicial notice?" CJP Isa inquired.

He continued, "If not, why mention it? If you want to file a case regarding the 2018 elections, do it"

The SIC's counsel Advocate urged if the "Election Commission was behaving discriminatorily, the Supreme Court should examine it."

"Does this mean the 2018 Election Commission was correct?" the CJP further questioned.

"The Greeks used to say if they couldn't speak with evidence, they would punish the individual," Siddiqui likened.

"Is the Greek example a good argument? Is it constitutional?" CJP Isa probed.

"Not a good argument, but their [ECP's] hypocrisy is evident," Siddiqui countered.

Justice Mandokhel queried the potential implications for those individuals who are associated with the Pakistan Tehreek-e-Insaf (PTI) but later joined the Sunni Council (SIC).

"If an independent candidate declares affiliation, they can join it [SIC]," PTI's legal counsel Salman Akram Raja said.

The PTI's counsel explained that PTI-backed SIC candidates did have any other choice apart from joining SIC. He further noted that whatever precedent ECP set about independents before was their fault.

The court has reserved the verdict and adjourned the hearing.

The ECP on March 1 refused to allot these reserved seats to the SIC. The Peshawar High Court (PHC) on March 25 also upheld the ECP order, prompting the SIC to approach the apex court.

Earlier, ECP told the Supreme Court that the SIC’s constitution is violative of articles 17, 20 & 25 of the Constitution and the party is not entitled to any reserved seats for women and in particular for non-Muslims.

The ECP on December 22, 2023, stripped the PTI of its election symbol in view of irregularities in its intra-party polls. The Supreme Court on January 13 upheld the ECP order, forcing the PTI candidates to contest the February 8 general elections as independents.

The independent candidates joined the SIC after the announcement of official election results. The SIC later sought reserved seats in the parliament and provincial assemblies in proportion to its general seats.

Source: The Express Tribune

So Isa wants an extension and Munir has told him to steal the Reserve seats from the PTI and give them to the mafia. Firstly, its a conflict of interest that he is on the bench, then its bizarre that a party that won the election is deprived of its share because Isa`s earlier decision to take their symbol and deprive them of a party status, which by the way he now claims was wrongly interpreted. If that was the case, why didnt Isa call them and tell them that their interpretation is wrong( off course both Isa and ECP are criminal pods in the same pea) and then the munafiq Isa pretends that PTI chose not to contest the election as party and voluntarily chose to go the SIC. And the fact that ECP lied under oath is ok with the criminal Isa and the SC. The ISI will get to work and you will see a historically dishonest decision by the SC judges tomorrow and the 2/3rd majority will be given to guys that didnt win 50 seats in the whole PK. Lets hope i am wrong because the consequences of the criminality of Isa and co will reverberate for the next 3 decades.

 

[Bewal Express]

Tonight You can imagine the establishment blackmailing the 2 judges not playing ball by showing videos of them having illicit relationships etc. National security agencies has gone from being the PK security agency to being the henchmen of our oppressors. Tomorrow the tiny bit of decency left (and it is very tiny) in PK will leave its soul forever.

 

[Cricket Warrior]

Never said PTI was not a political party: ECP

The Election Commission of Pakistan (ECP) claimed on Friday it never said the PTI was not a political party.

The commission came up with its stance after the Supreme Court announced its verdict in the reserved seats case.

The ECP said the PTI was a political party with its name included in the list of political parties on website. Moreover, it said, the Election Commission had not misconceived any decision.

The Election Commission declared PTI's intra-party election invalid. The PTI went to various forums against it.

In the SC's decision announced on Friday, as many as 39 MNAs are declared to be with the PTI.

The Election Commission sources further said the decision of the ECP had been "upheld". PTI's intra-party elections were not valid, the logical consequence of which was that the bat symbol was withdrawn from it under Section 215 of the Elections Act.


Dunya News

 

[Bewal Express]

Tonight You can imagine the establishment blackmailing the 2 judges not playing ball by showing videos of them having illicit relationships etc. National security agencies has gone from being the PK security agency to being the henchmen of our oppressors. Tomorrow the tiny bit of decency left (and it is very tiny) in PK will leave its soul forever.

Very happy to be proved wrong. Well done the 8 brave judges.

 

[Cricket Warrior]

ECP to hear PTI intra-party polls case on July 23

The Election Commission of Pakistan (ECP) has fixed Pakistan Tehreek-e-Insaf (PTI) intra-party case for hearing.

The hearing of PTI intra-party election case will be held on July 23. A 5-member bench headed by the ECP chief will conduct the hearing.

Notice have been issued to PTI Chief Barrister Gohar Ali Khan and Information Secretary Raoof Hassan and the ECP has also issued the cause list.


Dunya News

 

[BouncerGuy]

PTI gets more time in intra-party polls case

The Election Commission of Pakistan (ECP) on Tuesday adjourned the hearing of PTI’s intra-party elections case, giving the party more time to submit relevant documents.

A three-member bench headed by ECP member from Sindh Nisar Ahmed Durrani conducted the hearing.

The ECP member from Khyber Pakhtunkhwa during the course of hearing asked as to who supervised the elections of the PTI in the absence of an organisational structure.

“The ECP didn’t raise any objection over recent election of the PTI. There are a few legal as well as technical questions which we intend to answer if we are given time,” responded PTI Chief Barrister Gohar. He said that police took away everything which included important party documents, adding that they didn’t even spare a water dispenser during their raid on the PTI Central Secretariat.

The bench asked PTI which date it wanted the case to be fixed and the PTI said it will coordinate with the secretariat. Later, the Election Commission adjourned the hearing of the case sine die, giving time to PTI to submit the documents.

PTI held intra-party elections on June 9, 2022, which were declared null and void by the Election Commission of Pakistan in November 2023 and in an order issued on November 23, 2023, the ECP had given 20 days’ time to the former ruling party to hold fresh elections so as not to lose its election symbol ‘bat’.

The ECP order came at a time when the general elections were about two months away and political parties were pushing for their election campaigns across the country. The PTI took less than 10 days to hold intra-party elections on Dec 2, 2023, so that it could contest the nationwide elections with its election symbol.

But to the surprise of many, the PTI’s internal elections were treated differently and underwent an unusual microscopic examination.

On December 22, the ECP, for the second time in less than a month, declared the PTI intra-party elections null and void, leaving no option for the party but to play election innings without ‘bat’, its iconic poll symbol.

DAWN NEWS

 

[The Bald Eagle]

The Election Commission of Pakistan (ECP) on Monday notified 93 returned MPAs in three provinces as PTI lawmakers in pursuance of the July 12 Supreme Court order in the reserved seats case

In a unique majority verdict, the Supreme Court on July 12 declared the PTI eligible to receive reserved seats for women and non-Muslims in the national and provincial assemblies, giving it a new lease on life in the legislature by declaring it to be a parliamentary party.

Despite an 8-5 split, all 13 judges declared the PTI a parliamentary party.

The majority judgement explained that 39 out of the 80 MNAs, shown by the ECP as PTI candidates, belonged to the party.

ECP had then decided to implement the majority decision and return 39 seats in the National Assembly to PTI. It said that the rest of the 41 seats had not declared prior to the elections that they belonged to any party and were to be regarded as independent candidates

PTI had also submitted a list of its MPAs for the reserved seats in the three provinces last week but had not disclosed their names.

According to a notification issued by the ECP today, 29 seats in the Punjab Assembly, six seats in the Sindh Assembly and 58 seats in the Khyber Pakhtunkhwa Assembly were given to PTI in pursuance of the July 12 Supreme Court order.

Source: Dawn News

 

[BouncerGuy]

ECP reserves verdict on PTI plea to halt intra-party polls case

The Election Commission of Pakistan (ECP) on Tuesday reserved verdict on Pakistan Tehreek-i-Insaf’s plea for halting the hearing in the intra-party polls case until the Supreme Court’s clarification comes with regard to its majority judgement in the reserved seats case.

A three-member bench of the ECP, headed by Chief Election Commissioner Sikandar Sultan Raja, heard the case.

PTI Chairman Barrister Gohar Ali Khan, advocate Ayesha Khalid and advocate Uzair Bhandari appeared before the bench.

Barrister Gohar referred to the FIA’s raid at the PTI’s office and seizure of the party record. He said the FIA officials even took away the water dispenser. He, however, said that the record can be obtained from the FIA, if the ECP issues directions.

Lawyer Bhandari argued that the ECP has sent a questionnaire and the first question is about the current status of PTI.

“The answer to this question has come in the Supreme Court’s short order in the reserved seats case,” he said.

He stressed that the detailed verdict of the top court should be awaited while the Election Commission has asked the Supreme Court for an explanation regarding the reserved seats.

To this, member of ECP from Khyber Pakhtunkhwa said, “We have not made any request to the Supreme Court regarding the PTI’s new intra-party elections; we have asked the Supreme Court that whose party certificates should be recognised until the intra-party elections are recognised”.

In response, Barrister Khan explained that he had issued certificates to the 39 members whom the ECP had recognised as PTI’s.

“We did not accept the certificates but acted on the Supreme Court order,” the ECP member contended. The lawyer emphasised that the Supreme Court verdict is before the Election Commission, and the ECP cannot decide on the validity of the intra-party elections.

To this, member of ECP from

Sindh inquired ‘what do you want now’ and the lawyer replied that they want the Election Commission not to hear the case till the clarification or detailed decision of the Supreme Court regarding the reserved seats is announced.

The PTI also challenged the ECP’s jurisdiction over intra-party elections, as its lawyer, Mr Bhandari, said that scrutiny of intra-party elections does not fall in the jurisdiction of the ECP, saying the electoral watchdog can only see whether the intra-party elections were held or not.

He said the commission should first decide its jurisdiction.

DG Law said the Supreme Court in its short order had said that party certificates of only 41 independent members should be submitted, the Supreme Court has not mentioned any specific party, as an independent member can join any political party.

The ECP has asked the Supreme Court to clarify whose certificate should be accepted for joining the PTI, concerning 41 members.

The ECP, later djourned the hearing of the case till September 18, reserving its verdict on the request of PTI to keep the case pending till the clarification comes from the top court in its detailed verdict.

Speaking to reporters after the hearing of the case, Barrister Khan said they had submitted documents with the ECP on March 8 after the third intra-party elections, but till date they have not received the certificate.

He said the PTI is a political party and people are with the ideology of founder of PTI Imran Khan.

“We don’t need any symbol. We will make a clean sweep by participating fully in the local government elections of Islamabad, whereas the government is trying to postpone these elections,” he said.

DAWN NEWS

 

[BouncerGuy]

ECP rejects PTI pleas in intra-party polls case

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.

DAWN ENWS

 

[Cricket Warrior]

ECP to hear PTI intra-party case on Sept 18

The Election Commission of Pakistan (ECP) on Monday fixed the intra-party case of Pakistan Tehreek-e-Insaf (PTI) for hearing.

According to the cause list issued by the ECP, the hearing has been fixed for Sept 18.

Meanwhile, notices have been issued to PTI leaders Barrister Gohar Khan and Raoof Hasan.

The ECP sought arguments from the PTI in the case to be heard on Sept 18.

Earlier, the ECP had rejected four miscellaneous pleas of PTI in the intra-party election case.

The PTI’s reservations on the ECP jurisdiction had been rejected in the intra-party case.


Dunya News

 

[BouncerGuy]

Adjournment plea for review of PTI poll symbol verdict irks SC

The Supreme Court was irritated on Friday with an application seeking adjournment of a case moved by the PTI regarding the denial of election symbol — cricket bat — to the party.

Through the case, the party had requested for the fixation of a petition seeking review of the court’s Jan 13 decision upholding the denial by the ECP of the iconic election symbol to PTI.

A three-judge SC bench headed by Chief Justice of Pakistan Qazi Faez Isa eventually postponed the proceedings for Oct 21, but with a caution that no further request for adjournment would be entertained.

When the case was taken up, the court’s attention was drawn to an application moved by Advocate on Record (AoR) Anis Mohammad Shahzad stating that the counsel for review petitioner, Hamid Khan, had some pressing family engagement at Lahore.

However, the court order said, the nature of the pressing family engagement was not disclosed.

“In the circumstances, we are not persuaded to adjourn the case, however, in the interest of justice and only by way of indulgence we do so,” said the order.

On June 29, PTI moved an application for an early hearing of the review petition.

The party said the question had arisen whether taking away the ‘bat’ symbol from PTI had resulted in the non-allocation of reserved seats to them or did the ECP wrongly interpret the judgement under review.

PTI had contended that the matter should be considered in conjunction with the reserved seat case.

DAWN NEWS

 

[BouncerGuy]

SC throws out review plea in PTI’s ‘bat’ symbol case

The Supreme Court on Monday rejected Pakistan Tehreek-i-Insaf’s petition seeking to revisit its Jan 13 ruling in favour of the Election Commission of Pakistan (ECP) that deprived the party of the election symbol of cricket bat.

Headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, a three-judge bench also comprising Justice Mohammad Ali Mazhar and Justice Musarrat Hilali dismissed the review petition on the grounds that no illegality or material error in the judgement was pointed out by the petitioner.

Senior counsel Hamid Khan earlier pleaded before the court that he did not want to argue before a bench, headed by a person who allegedly “harbours bias against PTI”.

In a separate application, the PTI had asked the apex court to constitute a bench, comprising not less than five and preferably at least eight judges, under the Supreme Court (Practice and Procedure) Act, 2023 to hear the matter.

Opportunities lost

Referring to the filing of the review petition by the PTI, Justice Hilali pointed out a gap of about 25 days between the Jan 13 judgement and the review petition moved by the party, a time during which the party could have held the intra-party elections as well. She wondered if PTI’s real intention was to “use the judgement to gain public sympathy”.

The judge also noted that Imran Khan, who was then PTI chairman and prime minister, did not hold intra-party elections even when the ECP issued notice to him nor after he lost vote of confidence in parliament.

Justice Mazhar questioned why the PTI did not challenge Section 215(5) of the Elections Act, 2017, which suggests consequences for not holding the intra-party elections including denial of election symbol to a party.

The judge remarked whether the party counsel wanted the court to read down Section 215(5) of the act.

He also reminded the counsel that the PTI’s constitution had a very comprehensive and transparent procedure of how to conduct intra-party elections, but the party violated it.

Irony

“Irony is that the law regarding denial of the party symbol for not holding intra-party elections was made by the PTI,” the chief justice said, wondering why the party was “averse to holding intra-party elections”.

He also pointed out that as many as 90 people were elected unopposed without even furnishing Rs50,000 election fees during whatever elections the party had held.

“So what,” the counsel intervened, adding that Section 215(5) was questioned during the first round of litigation.

Back it up [with legal arguments and evidence] instead of saying in a layman’s term, the CJP observed, reminding the petitioner could not argue everything under the sun.

26th Amendment

Barrister Syed Ali Zafar, who also had advanced arguments on behalf of the PTI in the election symbol case, objected to the formation of the bench.

He said that under the 26th Constitutional Amendment passed by parliament on Oct 21, he would not like to argue before the existing bench and sought formation of a constitutional bench. The CJP, however, said he had not seen any amendment till then.

Justice Mazhar reminded the counsel that he was arguing the review petition, which did not come under the purview of a constitutional bench. The bench, however, provided an opportunity to all lawyers present in the court to argue on the review petition and when nobody turned up, the court dismissed the petition.

While pointing towards Hamid Khan, the CJP regretted that one should not do politics that encroached upon the domain of the judiciary. Many senior lawyers left politics outside when they entered courtroom, he observed. However, the counsel asked the judge to write in the order whatever he intended.

DAWN NEWS

 

[Cricket Warrior]

PTI files second review petition on intra-party election ruling

The Pakistan Tehreek-i-Insaf (PTI) has filed a second review petition against the Supreme Court’s Oct 21 decision about intra-party elections.

The petition named the Election Commission of Pakistan (ECP) and other parties as respondents.

The PTI argued that the Supreme Court’s decision was unilateral, highlighting remarks and judgements by former chief justice Qazi Faez Isa as indicative of against the party and its founder. Advocate Hamid Khan’s arguments on these remarks were reportedly not heard, it contended.

The petition also cited Justice Isa’s rulings on reserved seats and sought the acceptance of appeals against Jan 13 and Oct 21 verdicts while undertaking fresh hearing.


Dunya News