PTI approaches SJC against CEC, 4 ECP members

PTI, through its Secretary General Omar Ayub Khan filed a misconduct complaint against CEC Raja and ECP members

By Sohail Khan
July 28, 2024
PTI leader and NA Opposition Leader Omar Ayub Khan (left) and Chief Election Commissioner Sikandar Sultan Raja. — AFP/State Media/File

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Saturday requested the Supreme Judicial Council (SJC) to remove Chief Election Commissioner (CEC) Sikandar Sultan Raja along with other four members of the Election Commission of Pakistan (ECP) for breaching constitutional duties, obligations and responsibilities to conduct elections honestly and fairly and in accordance with law.

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The PTI through its Secretary General and Leader of the Opposition in the National Assembly Omar Ayub Khan filed a misconduct complaint under Article 209(5) and (6) of the Constitution against CEC Raja and ECP members Babar Hassan, Nisar Ahmed Durrani, Shah Muhammad Jatoi and Justice (retd) Ikramullah Khan.

Filed through Senator Barrister Ali Zafar, the PTI requested the SJC to initiate an inquiry for the immediate removal of CEC and ECP members on the ground that the electoral body had deliberately failed to fulfill its constitutional duty and obligation under Article 224 of the Constitution of holding elections to the provincial assemblies of Punjab and KP in the first place and thereafter of the National Assembly within the 90 days deadline as per the Constitution.

The PTI pointed out that the ECP had also acted contrary to Article 189 in openly defying the judgements of the Supreme Court when it was directed time and again to hold elections specifically within the timeframe of the Constitution.

Similarly, the PTI blamed that the ECP was acting in bias against former prime minister Imran Khan who was first de-seated from his National Assembly seat, disqualified him for five years from contesting elections, became a complainant in a criminal case, got Imran convicted by becoming a prosecutor by filing a criminal complaint before Islamabad special judge and removed him from the PTI chairmanship in an attempt to keep him away from politics.

The PTI contended that the ECP twice denied the party its due share in reserved seats and that it acted contrary to the Constitution when it allocated the reserved seats after February 8 elections to other political parties instead of the Sunni Ittehad Council, which actually belonged to the PTI.

The party also raised allegations against the ECP of conniving with the Pakistan Democratic Movement for committing atrocities and causing damage to the PTI, its leaders and workers, adding that the electoral body shut it eyes when PTI’s leaders and workers, including women, were being mistreated, harassed, abducted, tortured and arrested. The PTI was not allowed level-playing field, its offices were sealed, nomination papers were snatched and it was not allowed to campaign, etc.

The complainant also highlighted the ECP’s ‘pre-poll, poll day and post-poll riggings’ in an attempt to ensure that PTI candidates lose in the February 8 elections.

The PTI pointed out that the ECP had also acted contrary to Article 189 in openly defying the judgements of the Supreme Court when it was directed time and again to hold elections specifically within the timeframe of the Constitution.

The complainant submitted that under the Constitution, the CEC and ECP members’ tenure is secured so as to enable the commission to act independently and fairly, free from interference, but if the CEC or any member commits any misconduct then, under Article 215(2) and 209 (5) and (6) of the Constitution, he or the member is liable to be removed.

The PTI submitted that on February 17, 2024, Rawalpindi Division Commissioner Liaquat Ali Chattha resigned from his post, admitting to his role in orchestrating electoral fraud in his locality, where 11 out of 13 National Assembly seats were won by PMLN candidates, adding that Chattha revealed that his office helped these candidates, who were trailing by approximately 70,000 votes each to secure victory using fake stamps. He implicated CEC Raja and Chief Justice Qazi Faez Isa in the scheme.

Following Chattha’s announcement, he surrendered to the police, who sealed off his office as part of the investigation. “In a move that raised further suspicions, X (formerly Twitter) was subsequently blocked in Pakistan,” the PTI maintained

It submitted that access has not been restored till the present day despite the order of the Sindh High Court, adding that these revelations demanded immediate and decisive action against the ECP as the integrity of Pakistan’s electoral process was at stake, and the blatant manipulation admitted by Chattha, coupled with the involvement of high-ranking officials, underscored a deep-rooted problem that could not be ignored.

The PTI submitted that the ECP through its decisions, actions and omission, acted contrary to and in violation of the Constitution, their oath and disobeyed the orders of the Supreme Court and sabotaged the functioning of PTI as a political party.

“ECP blatantly disregarded any form of neutrality and even violated the fundamental rights of the people of Pakistan,” the complainant submitted, adding that the CEC and ECP members were liable to be removed for misconduct in the interest of justice.

The PTI prayed to the SJC that a thorough inquiry into the matter may be conducted and further requested that the complaint be taken up and inquiry into the matter be commenced as soon as it may be convenient.

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