PTI intra-party polls case: ECP says it has always shown ‘legal flexibility’

ISLAMABAD: Having rejected the legality of Pakistan Tehreek-e-Insaf (PTI) intra-party polls thrice, the electoral body has said that it has always shown legal flexibility in the case, accusing the PTI of causing delay in the case.

“Election Commission is trying its best to resolve the matter legally. Election Commission has always shown legal flexibility on the issue of PTI intra-party elections. But the party repeatedly resorted to seeking adjournments in the case, which is why the matter remains unresolved yet,” the Election Commission of Pakistan (ECP) said in a statement issued after the hearing of PTI intra-party elections case on Wednesday.

“Election Commission is showing continuous flexibility in this case. The PTI has been given several opportunities to meet the related legal requirements. The party is totally responsible for the slow progress and delay in the case,” the statement said.

The ECP did not explain the context in which this statement was issued. However, it comes at a time when the poll body is under strong public criticism for keeping the PTI intra-party polls case lingering.

Moreover, the top court has taken on the role of ECP in its clarification order and detailed judgement in the detailed reserved seats case.

The PTI was required to hold its intra-party elections within the five-year stipulated time, by 13 June 2021, but it did not hold these polls, the Commission said in Wednesday’s statement.

Generally, intra-party elections of the political parties have nothing more than symbolic value— and the ECP mostly accepts the related certificates submitted to it by the political parties regarding completion of the party polls, a mandatory requirement under the relevant election laws. But, in case of the PTI intra-party polls, the matter has remained lingering since June 2022 with ECP having rejected the legality of these elections thrice.

Meanwhile, an ECP Bench held the hearing of PTI intra-party elections case on Wednesday. Chairman PTI barrister Gohar Ali Khan appeared before the bench and sought ‘adjournment’ on the grounds that Federal Investigation Agency (FIA) confiscated the entire record related to the case in a raid at the party’s Central Secretariat this July. Thus, the case was adjourned till 22 October.

This hearing took place at a time when the ECP has again moved the Supreme Court for further “clarification” and review of the top court’s 14 September clarification order in the reserved seats case.

“Having itself recognised Barrister Gohar Ali Khan as the Chairman of PTI, the Commission cannot now turn around and purport to seek guidance from the Court with regard to how the certifications are to be dealt with. The Commission cannot approbate and reprobate, taking whatever (shifting) stance as it desires and as may seem to suit its immediate purposes for the moment,” read a four-page clarification order issued 14 September by the majority judges in the reserved seats case.

The electoral entity had first moved the SC seeking clarification on reserved seats judgement in July.

On 6 September, the ECP rejected the PTI’s petition seeking to halt the proceedings of the intra-party elections case till the issuance of detailed judgement by the SC in the reserved seats case.

Copyright Business Recorder, 2024