ECP reserves verdict on PTI intra-party polls

ISLAMABAD: The Election Commission of Pakistan (ECP) Monday reserved its verdict on the PTI intra-party elections. The elections have been challenged by over one dozen petitioners, including the PTI founding member Akbar S Babar.

A five-member bench, headed by the Chief Election Commissioner (CEC) Sikandar Sultan Raja, heard the arguments of the defence, including the PTI Chairman Barrister Gohar Ali Khan and Senator Barrister Ali Zafar. The complaints have already completed their arguments.

They contended that the PTI’s intra-party elections held on December 2 were fraudulent and without legitimacy, demanding that the commission declare them ‘null and void.’ Ali Zafar claimed that all the 14 petitioners were not PTI members and hence they had no locus standi to file the complaint.

“The PTI is a private entity and its intra-party elections were akin to the elections held by Lahore Gymkhana Club where only members of the club could vote”.

He said the PTI had 837,950 members and that the membership was posted on a website ‘Rasta’ which was not the official website of PTI.

He also read out the legal requirements to become a member of a political party. Ali Zafar argued that the concept of election was only valid if there were contestants. Since all the office-bearers were elected unopposed, hence there was no need for balloting. The process of elections was not even defined in the Constitution for the general elections so how could the PTI constitution be expected to define the same in its constitution?” he asked.

A bench member remarked that the schedule could be given in the intra-party elections, to which the PTI lawyer said, “No sir, in the intra-party elections, the party and the union can take a decision themselves’.

Member Khyber Pakhtunkhwa said it was not left open like this. Ali Zafar argued that the Constitution had left it to the party.

He emphasized said that according to the Constitution, it was up to the party, as the procedure for intra-party elections was not clear in the constitution of any political party. Ali Zafar said as per Feb 22, 2023 decision of the Election Commission, those who were not members could not vote in the intra-party elections, adding that the member who does not pay the fee will not be called a member, and any party can expel any member at any time.

He said neither a request nor a letter was written to the party chief election commissioner nor the general secretary by anyone. Everyone had a request which was written with the same pen and the same letter to the Election Commission, he added.

“What have we violated? Have we violated the Elections Act? The answer is No. We further took the stand that did we violate the party constitution? The answer is no. The application filed by Akbar S. Babar is for holding intra-party elections of all political parties again. You know better what to do with his request,” he noted, seeking dismissal of petitions against the PTI intra-party elections.

He noted that all political parties held intra party polls in one city, as these were not general elections and that the applicants neither applied for contesting for any specific party post nor for provision of forms.

A member of the commission asked from where these forms could be obtained to which the PTI lawyer said these were available in five very beautiful colors. The Sindh ECP member remarked that the petitioners could not get a form of even a single shade.

“None applied for it. No one came to get forms and even no message was sent on WhatsApp. Everyone could not be informed about it,” responded the PTI lawyer.

Hassan Shah and three other complainants used the right to rebuttal to insist that the Constitution of Pakistan guaranteed the right of each citizen of Pakistan to become a member of a political party.

“That fundamental right cannot be taken away unless due process of law to expel a party member is followed. No such process was initiated against any of his four clients that include Noreen Zafar Khan, who held the position of the President PTI Labour Women’s Wing. Similarly, Yousaf Ali has not only contested the provincial assembly elections of 2013 on PTI ticket but was also elected general secretary of PTI Swabi district,” he noted.

Hassan Shah read the relevant constitutional clauses that allow the Election Commission of Pakistan to intervene on all matters governing political parties including on account of those who were not members of the political party.

He read out the verdicts of Election Commission of Pakistan dated May 8, 2017 and May 30, 2018 including Para 54 of the Supreme Court of Pakistan verdict in the Hanif Abbasi case that validate the PTI membership of Babar.

He said it was time the Commission took notice of repeated and deliberate attempts by the PTI lawyers to misguide the Commission on account of the PTI membership of Babar, and initiate contempt proceedings against them.

By comparing the elections of a ‘club’ to that of a political party, he pointed out, showed the utter callous attitude of treating a ‘public entity’ and that too a political party.

Advocate Aziz ud Din Kakakhel, who represented another petitioner, said even the location of intra party election was kept secret. The only location stated in the PTI documents is of Peshawar, which is a district besides a major city of the country, he said, adding how the PTI members from all across the country could participate in an election where even the location was kept secret.

He said the law provides that besides a membership card of a party, any other authentic document showing the affiliation of the person to a political party is sufficient proof of membership. He said the ‘Rasta’ website was not the official PTI website and names of PTI members could be easily manipulated.

The counsel for Jahangir Khan, former PTI vice president from Charsadda, said the PTI lawyer claimed that his client was not a party member but on December 9 his client received a letter from the PTI expelling him from the party after filing the complaint on intra party elections before the ECP.

He submitted copies of termination letter before the Commission members and demanded legal action against top PTI leaders for violating the law.