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PTI chief elected in line with constitution: Ali Zafar

By Our Correspondent
December 15, 2023

ISLAMABAD: All the 14 complainants challenging the recent intra-party elections of Pakistan Tehreek-e-Insaf Thursday completed their arguments and the hearing was adjourned till December 18, while the PTI lawyers continued their arguments.

A full five-member bench of the Election Commission of Pakistan conducted a hearing of the PTI intra-party case. 

Newly-elected PTI Chairman Gohar Khan talks to the media as he arrives to attend a hearing at the High Court in Islamabad on August 29, 2023. — AFP
Newly-elected PTI Chairman Gohar Khan talks to the media as he arrives to attend a hearing at the High Court in Islamabad on August 29, 2023. — AFP 

Chief Election Commissioner (CEC) Sikandar Sultan Raja, who headed the bench, wanted the PTI lawyers to also conclude their arguments but they sought time.

However, the complainants counsel Kakakhel and Syed Ahmad Hassan Shah presented their arguments against the transparency of the PTI intra-party elections. They pleaded that the documents submitted to the ECP belied their claim that the elections were held in accordance with the PTI Constitution and the Election Act 2017.

They brought to light ‘factual errors’ in the PTI documents submitted to the ECP. They said the voter lists were neither published nor posted on the PTI website for verification; the location of the election was not specified; the PTI Constitution guarantees secret balloting for the post of PTI chairman, whereas no such balloting took place nor were members allowed to contest.

Ahmad Hassan pleaded that the fundamental rights of PTI members of participating and contesting intra-party elections was denied to them.

He added that democratic political parties were the bedrock of democracy, whereas a party claiming to be most popular denied the fundamental democratic rights to its members. He said by no account could this be called election.

He said Akbar S Babar requested the ECP to declare the intra-party elections held on December 2, 2023 as null and void and order fresh elections under neutral monitors.

The bench also heard the arguments by the PTI lawyers, including Senator Ali Zafar, regarding the challenge by 14 PTI members.

The PTI lawyers said despite their reservations to the ECP Order of November 23, 2023 declaring the PTI intra-party elections held in June 2022 as ‘null and void’ and ordering fresh elections in 20 days, they complied with the order and held fresh elections on December 2, 2023. They said now that the entire documentation was complete and submitted to the ECP, the PTI election symbol ‘bat’ should be immediately allotted to it without further delay.

Talking to reporters after the hearing, Senator Ali Zafar explained that the Election Commission said that intra-party elections should be held according to the order while the PTI chairman was elected according to the constitution and law.

He claimed that their arguments had started but the Election Commission had less time.

“In the intra-party elections, anyone can vote, who is a member. The number of people who applied are not even members of the PTI. And, voting is not required if there is no opposition candidate, no applicant said that he wanted to contest the election. The PTI chairman was elected according to the constitution and law,” he noted.

Ali Zafar said as per record none of the petitioners was PTI member and it seems from the debate everyone complains that they were not allowed to vote.

Talking to the media after the hearing, PTI Chairman Barrister Gohar Ali Khan said all these petitions, who came to the Commission were all planted. He said as per the data, the PTI had 835,950 registered voters.

He pointed out that PTI’s diehard worker Sher Afzal Marwat had been arrested.

“I make another demand to the Election Commission, today our worker Sher Afzal Marwat was kidnapped. We condemn it; you told us that you will give us a level playing field. Did you give us a level playing field?” he questioned. Barrister Gohar said they had requested the Election Commission that they will not accept DCs and revenue officers in the elections.

“We are not being given a level playing field; the panel nominated by the founder PTI won unopposed,” Gohar said, while Barrister Ali Zafar said this did not mean that he wanted to delay the election.

In response to a question, Senator Ali Zafar said there were some people who were later expelled from the party.

Talking to the media, Akbar S Babar said all they wanted was to ensure that the PTI workers all across the country must not be denied their fundamental right of electing the leadership of their choice.

He pointed out that the intra-party elections and national elections were interconnected and one without the other was meaningless. He added that democracy could not gain strength in the country and could not deliver because politicians and political institutions use parties as a ladder to gain power.

Addressing a news conference here, PTI Chairman Barrister Gohar Ali Khan alleged that the Election Commission had made an excuse to postpone the elections earlier.

“We went to the Supreme Court and took the decision of February 8. The schedule of the election was to be announced but it was not released. The district officers cannot be made ROs, as this could lead to rigging,” he said.

He reiterated his party’s demand that the returning officers should be from the judiciary. He urged the Supreme Court of Pakistan to ensure that the elections were held on time, as suspension of the DROs and ROs notification could not be a justification to delay the elections. He also urged the chief justice of Pakistan to take notice of the matter.

“We call on the Supreme Court to hold elections on time. We also demand the Supreme Court that the trial of civilians cannot take place in military courts. Today the Election Commission issued a notification to stop the training of ROs. The judiciary should have installed ROs earlier. This step should have been done earlier and we also want ROs from the judiciary we have been demanding earlier,” he said.

The PTI chairman said the trial of civilians in military courts was not appropriate and the Supreme Court should pay attention to this. He said the decision of the first five-member bench was suspended by the new five-member bench yesterday.