Elahi given office which doesn’t exist in PTI constitution

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has appointed Chaudhry Pervaiz Elahi as president of the party, an office which doesn’t exist in the constitution of the PTI submitted to the Election Commission of Pakistan (ECP).

Incidentally, the appointment has been made at a time when PTI is launching “save the constitution, save the judiciary” rallies.

A notification issued by PTI late Tuesday on behalf of the party chairman reads: “Chaudhry Pervez Illahi is hereby designated as President Pakistan Tehreek-e-Insaf.” Makhdoom Javed Hashmi was the last president of the party and this office remained vacant afterwards. According to a party insider, the PTI constitution was amended in August 2022 through which the office of the president was removed from the hierarchical structure of the party.

Incidentally, Fawad Chaudhry, who stood next to Elahi while making the announcement of the latter’s becoming president, was a part of the committee that abolished this office. Shah Mehmood Qureshi, Asad Umar, Pervez Khattak, Aamir Kiani, Asad Qiaser, Imran Ismail, Ali Zaidi, Shireen Mazari, Hammad Azhar, Saifullah Niazi and others were also members of the committee that amended the constitution.

A copy of the constitution available with The News suggests that although there are offices of provincial chapters but no office of the president. While Imran Khan is the chairman, Shah Mehmood Qureshi holds the second highest office, vice chairman. Then comes the slot of secretary-general, presently held by Asad Umar, additional secretary-general, deputy secretaries-general, senior vice presidents, vice presidents, joint secretaries and secretaries of different wings.

Is the party chairman authorised to create a new designation without amending the constitution? Some say he is empowered to do that and others say he doesn’t have this power.

A legal expert said he could do that and referred to Article 8 of the PTI’s constitution. In case of a strategic or urgent requirement, the article reads, the chairman may devise a mechanism different from the provisions of this (party) constitution in order to ensure the party is able to handle such requirements. “The chairman shall be empowered to take all such decisions as necessary for giving effect to any such requirement.” Such provisions will remain operational as long as the chairman so decides by way of a notification, it further reads. If such decisions impact any provision of the constitution, the article goes on, such conflicting provisions shall be operated in accordance with the procedure specified under Article 4 which is related to the amendment in the constitution which can be moved by the central executive committee before the national council or by one-tenth of the total membership of the national council. The amended part of the constitution duly signed by the chairman would be submitted to the ECP.

However, the power of the chairman defined in the constitution doesn’t allow him to create a new office without amending it. The News went through the powers vested in the office of the chairman, which is broad and vague, but found there was no provision allowing him to create a new office and appoint someone without getting its approval from the forum empowered to amend the constitution.