ISLAMABAD: Once headed by former president and General (retd) Pervez Musharraf (Late), the All Pakistan Muslim League (APML) is no more, as the Election Commission of Pakistan (ECP) delisted it from its record.
An ECP three-member bench, headed by Chief Election Commissioner Sikandar Sultan Raja, issued its order with reference to the case of internal dispute of APML intra-party elections and allocation of symbol.
Three different applications were received by the commission on behalf of APML from Saif-ur-Rehman, Jahan Zareen and Abdul Samee for allocation of symbol ‘Eagle’ for the forthcoming general election.
All the applicants claimed to be the custodian of the party as chairman/ acting secretary general of their own factions. The ECP Office furnished the details that the APML has submitted disputed intra party elections which are not in accordance with law and has also not provided details of party consolidated accounts as well.
“From the perusal of …details, it is crystal clear that there is a huge difference in respect of amount shown in the accounts of APML. Every member of the party is trying to get a declaration from the commission as chairman or the president of the party. Statement of accounts has been submitted by one Jahan Zareen, who is a self-proclaimed chairman APML without any credible, reliable and authentic record of intra party elections in accordance with law.
“The law as contained in section 210(2) is quite clear that the consolidated statement shall be accompanied by a report of chartered accountant with regard to the audit of accounts of the political party and a certificate signed by an office bearer authorised by the party head.
“According to the record available in the commission the party has failed to provide any valid record of intra party election till date. The commission is of the firm view that Jahan Zareen is not an elected office-bearer, therefore, the consolidated statement of accounts submitted by him are not valid documents for the purpose of section 210 of the Act of 2017 read with Article 17(3) of the Constitution. Therefore the commission does not consider the Form D submitted by Jahan Zareen and hereby reject the same,” it says.
The order says, “The importance of submission of sources of funds by the political parties in terms of Article 17(3) of the Constitution has been highlighted by the august Supreme Court in its judgment. The apex court has also discussed the non-disclosure of sources of party funds. The Honourable Supreme Court in the case titled ‘Ms Benazir Bhutto versus Federation of Pakistan and others’ reported in PLD 1988 SC 416 while dilating upon the importance of Article l7(3) has held... ‘account for the source of its funds’…Direction for every political party to account for the sources of its funds is mandatory--Purpose of direction--Rendition of accounts for audit cannot be regarded as unreasonable restriction or outside the ambit of Article.
“Collectively the political parties are now expected to protect public morals in the same way or other legal institutions protect public truthfulness and public symbols of authority. To leave the political parties entirely free to do as they please is to suggest that morality does not matter. A situation like this might prove ultimately subversive to the fabric of the State in the maintenance of the law and order. Therefore, political parties should conform to stringent obligations of high ethical standard. Article 17(3) as worded requires every political party to account for the sources of its funds in accordance with law. The direction is mandatory. The purpose obviously is to seek out foreign aided parties or others whose activities are prejudicial to the interest of sovereignty or integrity of Pakistan as the source of funds provides a guideline amongst others, in determining the true character of a political party and the nature of its activities. The source of funds also gives a clue as to the manner in which the funds are collected and also identifies those who subscribe to it,” it added.
The order concludes, “In view of the above discussion and scanning of record, the Commission holds and decides that there are no elected office bearers of APML, therefore, the party is virtually non-existent. Due to non-existence of the elected office-bearers in accordance with the party constitution and the provisions of the Act of 2017, the party has been unable to provide valid consolidated statements of accounts of last four (4) years which is the requirement of the Article 17(3) of the Constitution read with Section 210 of the Act of 2017. The APML has failed to fulfill the requirement of section 209 and 210 of the Act of, 2017 which is one of the pre-requisites for enlistment of a political party in terms of section 202. In exercise of powers conferred upon it under Article 218 (3) read with section 202 (5) of the Act ibid, APML as a political party is hereby delisted and the applications for allocation of symbol submitted by unauthorised and self-styled office-bearers are rejected. Resultantly the symbol ‘eagle’ becomes available for allocation in accordance with law.”
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