ISLAMABAD: The Supreme Court has been asked to direct the Election Commission of Pakistan (ECP) to accept the affiliations of Pakistan Tehreek-e-Insaf (PTI) returned candidates signed by Barrister Gohar Ali Khan as chairman and Omar Ayub as general secretary of PTI.
The PTI, on Monday, through advocate Uzair Karamat Bhandari filed an application seeking guidance of eight judges regarding their short order in reserved seats of women and non-Muslims to PTI.
It stated the Commission’s application that it is facing difficulties to implement paras 7-10 of the apex court order dated 12-07-24 as the PTI at the moment has no organisational structure for confirmation of the MNAs and MPAs.
Uzair stated that the application is nothing but an attempt by the ECP to circumvent and delay the implementation of the SC’s short order. The application has been filed with malafide intentions, solely to deny the PTI its rightful share of the reserved seats pursuant to the short order of the Court.
He said that the contention by ECP could not be further from the truth. The PTI’s organisational structure is very much in place; PTI has taken all necessary steps and is in full compliance with the applicable law. The PTI has held its intra-party elections and has submitted the requisite certificate and documents in terms of Section 209 of the Elections Act, 2017 with the ECP.
The first intra-party elections of PTI under its 2019 Constitution were conducted on June 10, 2022. These elections were declared invalid by the ECP through its order dated 23rd November 2023. In this order, the ECP also held that various organisations of the PTI such as the National Council had ceased to exist.
He submitted that pursuant to the ECP’s order dated 23rd November 2023, the PTI again held its intra-party elections on the 2nd December 2023. However, the ECP vide order dated 22nd December 2023 once again held that such elections were invalid on the ground that the PTI’s Election Commission had not been validly appointed since there was no Chief Organiser. This ECP’s order was upheld by the Supreme Court.
Uzair apprised the Court that Barrister Gohar Khan, in his capacity as chairman and Omar Ayub Khan, in his capacity as general secretary of PTI have signed the confirmation of affiliation with the PTI of the returned candidates who have filed their statements in light of the SC short order.
He submitted that in the light of the foregoing, it is incomprehensible how the ECP is alleging that there is no “organizational structure” of the PTI in place to give the requisite confirmations of affiliation.
A valid organisational structure of the PTI exists, its chairman and other office-bearers having been duly elected. The chairmanship of Barrister Gohar Khan is acknowledged by the ECP in its correspondence with the PTI; therefore, there can be no dispute or confusion as to the fact that the affiliation of returned candidates (MNAs and MPAs) on behalf of the PTI can (and have been) confirmed by Barrister Gohar as the elected chairman of the PTI and Omar Ayub as its general secretary, the application concluded.
The ECP is bound to treat the confirmations issued by them as valid in view of the law laid down by the apex court in the case of Bahadur Khan Bangulzai vs Attaullah Khan Mengal, 1999 SCMR 1921.
Copyright Business Recorder, 2024
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