Sindh High Court(SHC) on Thursday adjourned hearing of petition filed by Pakistan People Party (PPP)'s chairperson and former Prime Minister Benzair Bhutto challenging Election Commission of Pakistan's order allowing merger of two factions of PPP, Patriots and Sherpao group with name of Pakistan People Party (PPP).
The matter could not be proceeded as petitioner's counsel Farooq H Naek requested adjournment as he was not prepare to argue the petition.
SHC's division bench comprising acting Chief Justice Ghulam Rabbani and Justice Azizullah M Memon granting requested adjourned the hearing.
Benazir Bhutto, elected twice as Prime Minister along with PPP's secretary general Jahangir Badar questioned the notification of ECP on June 17, 2004, granting merger plea of two disassociated factions of her party and naming them PPP, under the Constitution and provision of Election Order, 2002.
Besides ECP, Federal Interior Minister Aftab Ahmed Khan Sherpao, PPP (Sherpao), Federal Defence Minister Rao Sikandar Iqbal, PPP
(Patriot) were named as respondents in the petition.
"ECP neither had the power to grant merger of respondents faction into a new party by name of PPP nor the power to issuance of certificate of intra-party election and details of party to be published in official gazette," petition said.
It further stated Order is violative of Article 4 and 25 of the Constitution and Representation of People Act 1976 as it will mislead voters into voting for defectors and manipulators. "This is conspiracy to confuse and disempower people."
The petition said under Article 218 of the Constitution ECP has to ensure fair elections and electoral process and to prevent deception and defrauding of people vote. By passing order, it said, ECP failed to perform its function and duties in accordance with the Constitutional mandate.
The order is against principles of natural justice, petitioner said, as despite ECP was well aware existence of PPP/PPPP it decided the plea of respondents without informing the petitioner.
The court was prayed to declare the ECP order illegal and restrain respondents from using/acting under name of PPP for any purpose in any manner whatsoever.
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