ECP asks PTI to hold fresh party polls within 20 days for symbol of ‘bat’

ISLAMABAD: The Election Commission of Pakistan (ECP) Thursday annulled the Pakistan Tehreek-e-Insaf’s intra party elections held in June last year, giving the party 20 days to hold fresh polls or be ready to lose election symbol ‘bat’ and the clock starts ticking from the day its order was issued i.e. Thursday.

The four-member bench announced the 12-page order here, which was drafted by the commission’s member from Khyber Pakhtunkhwa Justice (R) Ikram Ullah Khan. It reads, “We are confirmed in our views, that the respondent party failed to hold, transparent, just and fair intra-party election in accordance with its prevailing Constitution, 2019.”

The order says “the intra party elections allegedly held on 10-06-2022, were highly disputed/objectionable, which could not be accepted at all, therefore, it is held that respondent party failed to hold its intra-party election within the extended period of one year, till 13-06-2022, but we instead of taking the final step to invoke the provision of Section 215(5) of the Elections Act, 2017, a lenient view is taken with direction to the respondent party to hold its intra-party election strictly in accordance with the prevailing party constitution, within 20 days positively and its result along with all the required documents, including form 65 shall be submitted thereafter the election within 7 days before the commission.

“In case, the respondent party failed to comply with direction of the commission and failed to hold its intra-party election within the prescribed 20 days which will run from today (Thursday), the date on which this order is announced, in such eventuality the respondent will suffer the penal consequences of Section 215(5) of Elections Act, 2017 accordingly and would be ineligible to obtain an election symbol for election to Majlis-e-Shoora (Parliament) etc,” reads the order.

The order said the tenure of not only the (PTI) National Council but all other organisations formed under the party constitution had completed their tenure on 13-06-2021: the National Council elected or nominated in the year 2017 had already completed its full tenure on 13-06-2021 and, thereafter, neither the said tenure of the organization was extended nor any fresh organization with the name of National Council was constituted in accordance with the provision of Section 208(3) of the Election Act 2017.

The commission’s bench, consisting of Shah Muhammad Jatoi (Balochistan), Nisar Ahmed Durrani (Sindh) and Babar Hassan Bharwana (Punjab) noted that no notification was ever issued for extension of tenure of any organization of PTl.

According to the constitution, thereafter adoption of 2019 Constitution till fresh election of the party the chief organizer had to manage the PTI in term of Clause 4.2, but the chief organizer had no power to form or constitute any wing of the PTI including formation of various organization/bodies. “It was mandatory in order to ascertain that intra-party election had been conducted and held in transparent manner and mode in accordance with Election Act and PTI Constitution, the CEC was required to submit copy of amended Constitution with the Election Commission of Pakistan, duly attested and signed by an authorised person within 7 days, but no such authentic printed and signed documents was submitted before the Commission which caused serious doubts over intra-party election allegedly held on 10-06-2022 as well as the amendment allegedly effected on 8-6-2022.”

It also says “it was a mandatory provision of Section 209 of the Election Act 2017 that a political party shall within 7 days after completion of intra -party election submit a certificate signed by the office-bearers authorized by the party head, to the commission to the effect that elections were held in accordance with Constitution of the political party and Elections Act 2017, to elect the office-bearers at the federal, provincial and local levels where ever it is applicable”.

“No doubt the said Form-65 was submitted before the commission, on 18-08-2022 much after the prescribed period provided thereunder Section 209 of Elections Act. The 2017 and rule 158, 2017, which itself casts serious doubts over holding of intra-party election on the alleged dated i.e. 10-6-2023,” it reads.

The order says, “The following deficiencies were directed to be removed which are as under: i. The last date of intra-party elections (Form-65) not given ii. The certificate regarding intra-party elections (Form-65) is not duly signed and certified by the party’s head. iii. The notification of names, designations and addresses of the party leader and all other office-bearers (along with their attested copies of CNICs) elected Central Executive Committee have not been provided by the party’s head as required under Section 209(2) (b) of the Elections Act, 2017 read with rule 158 (of the Election Rules, 2017 iv. The CEC’s stamp is not affixed on the notification by the party’s Election Commission. v. The term of office-bearers is not mentioned in the amended Constitution. vi. Resolution of the National Council approved by the two-third (2/3) majority members is not signed. vii. A printed copy of the amended party’s Constitution in terms of Section 201(3) of the Elections Act, 2017 not provided. viii. Each page of the amended constitution is not duly signed and stamped by the party’s head. 7. ln response to the letter dated 04-8-2022, the respondent party, through letter dated 19-08-2022, received in office on 14-09-2022, provided some documents but the same were also deficient and incomplete”.

“However, along with this letter instead of previous amended Constitution of 2019 another copy of amended Constitution of 2022 approved by the National Council on 01-08-2022 was submitted, which made the whole situation highly confused and complicated and, thereby raised serious questions over holding of intra-party election in accordance with prevailing Constitution,” the order points out.

The order concludes, “In case, the respondent party failed to comply with direction of the commission and failed to hold its intra-party election within the prescribed 20 days which will run from today, the date on which this order is announced, in such eventuality the respondent will suffer the penal consequences of Section 215(5) of Election Act, 2017 accordingly and would be ineligible to obtain an election symbol for election to Majlis-e-Shoora (Parliament), etc.”

Talking to media persons outside the ECP office, following the announcement of the order, PTI lawyer Barrister Gohar Ali alleged the verdict had been delayed for a ‘special purpose’ and pointed out that the ECP’s notice had not stated that the intra-party elections were not according to the PTI’s constitution. Instead, the notice was about the polls’ documentation being incomplete.

He claimed the party polls were held correctly and in an open manner, along with complete documentation. He said he would challenge the order before the relevant forums. However, he expressed satisfaction that according to the order, the PTI’s symbol ‘bat’ is still retained and it will remain on the ballot paper.

Meanwhile, a PTI spokesperson termed the Election Commission’s decision declaring PTI’s intra-party elections void ab initio as extremely upsetting and biased, vowing that the order would be challenged before the relevant forums, which was the constitutional and legal right of the party.

He said it was an expected decision, alleging the electoral watchdog did not meet the requirements of justice and the verdict had been unduly delayed seemingly for a special purpose. “ECP’s verdict declaring PTI’s intra-party polls null and void clearly reflected the institution’s continuous biased behavior towards the country’s most popular political party,” he charged.

The PTI spokesperson pointed out that the electoral body’s decision once again exposed the state conspiracy to keep the PTI and especially Imran Khan out of the elections. He noted that the ECP’s notice did not mention anything that the intra-party elections were not held according to the PTI’s constitution rather it was about the polls’ documentation being incomplete.