ECP Reserves Verdict on PTI’s Intra-Party Election, Decision Awaited

LHC rejects Imran Khan’s plea to stop jail trial in contempt of ECP case.

The Election Commission of Pakistan (ECP) has reserved its verdict on multiple petitions challenging the PTI’s intra-party election after hearing arguments from all the parties.

A five-member bench of the ECP, headed by the chief election commissioner, heard multiple petitions to annul the PTI’s recently held intra-party elections. An estranged co-founder of the PTI, Akbar S. Babar, and 13 others have petitioned the commission to declare the PTI’s intra-party polls void.

On December 16, notices were dispatched by the electoral watchdog to PTI’s chief election commissioner and chairman regarding Monday’s hearing of the case, indicating the seriousness and focus directed towards addressing the concerns surrounding the intra-party electoral process.

Presenting his arguments, PTI lawyer Barrister Ali Zafar said the ECP ordered the party to hold intra-party polls within 20 days of its order. Therefore, the election was ordered under the party’s 2019 constitution.

When the chief election commissioner said the ECP order was not under discussion, Zafar said they were not challenging the order, adding that when there is an unopposed election, there is no need for voting.

He further said that in the general elections, people are also elected unopposed, adding that this kind of polling is not illegal.

The lawyer argued that the Elections Act and the party constitution do not mention the method of intra-party elections. There was no prohibition if a party conducted an intra-party election. In the PTI’s party constitution, only secret ballot papers were mentioned, he added.

The election commission did not monitor the intra-party elections as a tribunal, he said further, adding that the rules of intra-party elections did not exist in the constitution of any party.

The PTI lawyer said according to the election commission’s orders, a non-party member could not challenge its decisions. A party could expel any member, and if he or she wished to stay, they could go to the trial court, he added.

The lawyer said that according to the Elections Act, office-bearers of a political party are elected under the party’s constitution. All political parties have to complete their electoral college and every political party is bound to conduct its intra-party elections on time, Ali Zafar said.

If a party fails, the election commission can issue a show-cause notice and fine it Rs200,000. “If there is a secret ballot mentioned in the constitution, why open the ballot?” Zafar asked.

According to the Elections Act, the PTI has fulfilled the conditions for getting the election symbol, the lawyer remarked. “It appears from these petitions that the PTI conducted the party elections secretly,” he added.

The news of party elections was broadcast on various news channels, Zafar said, and an ECP member said the venue of the elections was not mentioned in this news.

“Did you already decide that the elections will be held unopposed?” a member asked. The lawyer said it was not like that at all, adding that the news about the party election was also published in various newspapers. “I myself also held a press conference regarding the party elections,” Zafar added.

The lawyer also submitted the records of various newspapers to the ECP. He said the announcement of the election schedule was pasted outside all party offices.

“You conducted the elections in Peshawar,” a member remarked, adding that all the parties held intra-party elections in the same city.

Ali Zafar said PTI was the only party whose details were present online and on a mobile application.

“Now even political meetings are being held on the internet,” remarked the chief election commissioner, at which the entire courtroom erupted in laughter.

The election commission was informed about the intra-party elections, Ali Zafar said. Everything related to the nomination papers was reported in the media. After scrutiny of the nomination papers, it was felt that these elections would go unopposed, he informed the commission.

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“We announced the procedure and venue of elections on December 2,” he stressed.

The lawyer said the petitioners did not make any requests to vote in the intra-party election but only applied to contest it. None of the petitioners even submitted nomination papers, he added.

Neither was any application submitted to the election commission for contesting the election, Zafar said, adding that no one else can challenge the intra-party election except a member.

“No one justified that they were not allowed to vote,” Ali Zafar remarked.

Akbar S. Babar filed an application about intra-party elections in all political parties, the PTI lawyer maintained, adding that a petitioner said his membership had been cancelled in back dates, another said he wanted to contest the election of secretary general, but neither he was a member nor did he submit a panel.

“One said the election was not held according to the constitution but did not mention the violation,” Ali Zafar explained, and he sought dismissal of all the petitions against the PTI intra-party election.

Petitioners Akbar S Babar and another demanded a re-poll as soon as possible after declaring the recent intra-party exercise void. A second petitioner’s lawyer called it “selection”, not election. He said there was no record of his client having been evicted from the party.

LHC rejects Imran Khan’s plea to stop jail trial in contempt of ECP case

The Lahore High Court has rejected the application of former prime minister Imran Khan to stop the jail trial in the contempt of Election Commission of Pakistan (ECP) case.

The court issued notices to the election commission and others and sought their response.

The ECP’s counsel informed the full bench about the notification regarding the jail trial of Imran Khan and others. He said the Punjab Home Department issued the jail trial notification in the contempt of ECP case on December 8.

The court said Adiala Jail is in Rawalpindi, and it held jurisdiction over Islamabad and Rawalpindi. The court also directed the petitioner’s counsel to challenge the jail trial notification.

“I will challenge the notification. You set the application for day after tomorrow,” the counsel said.

Justice Alia Neelam asked how they could decide on an application like this and asked the lawyer to first file a challenge.

The roster of one bench member is only available today, Justice Neelam remarked.

The counsel said notices were received at Zaman Park when the petitioner was in Lahore. The case for the indictment of the former PTI chairman has been fixed for tomorrow, he said further.

A three-member bench headed by Justice Alia Neelam heard the petition.

On Dec 9, Imran Khan challenged before the LHC the proceedings of the contempt of election commission case and its jail trial.

The petition was submitted by his lawyers Salman Akram Raja and Barrister Samir Khosa. The petition made the federal government, the Election Commission of Pakistan and the Adiala Jail superintendent parties.

Imran Khan argued that the ECP started proceedings for contempt of the commission illegally, as it did not have the authority to try someone for contempt.