ISLAMABAD: Justice Aamer Farooq of the Islamabad High Court (IHC) here on Thursday restored Muttahida Qaumi Movement-Pakistan (MQM-P) leader Farooq Sattar to his slot as convener after he challenged the Election Commission of Pakistan (ECP) March 26 decision that had removed him from the convener-ship.
ECP on March 26 on the application of MQM-Bahadurabad had not only removed Farooq Sattar from the convener-ship but also declared the intra-party elections of MQM-P as null & void. The IHC bench suspended ECP decision while restoring Farooq Sattar to his slot and also issued notices to the ECP, Kunwar Naveed Jamil and Khalid Maqbool Siddiqui seeking their reply and put off hearing till April 11.
Farooq Sattar through his counsel Babar Sattar advocate adopted stand before the court that MQM was registered in the name of Farooq Sattar at ECP. Petitioner contended that he was illegally removed from MQM convener-ship on February 11 by some members of Central Coordination Committee of the party. ECP, however, endorsed that decision on March 26.
He submitted in the petition that ECP had no powers and authority to organise, administer or oversee intra-party elections and its only function under the law is to recognise and notify the intra-party election certification that were duly filed by the petitioner pursuant to Section 209 of the Election Act 2017.
Petitioner’s counsel argued that the ECP was not vested with the powers to decide the issue regarding the matter that who is party head. A person who thinks that he is head of the party can file a civil suit and it was not a mandate lied with the ECP.
Petitioner contended that if ECP directs, he is ready to re-organise intra-party elections. Farooq Sattar has prayed to the court to declare that ECP was not vested with jurisdiction under the Constitution or the law to adjudicate internal disputes of MQM or other political parties under the garb of interpreting or seeking to enforce party constitutions or agreements between party members.
He has further prayed to set aside the March 26 order and till adjudication of the petition, a stay order may be issued.