PTI moves SC against Feb 8 poll results

ISLAMABAD: The Pakistan Tehreek-e-Insaaf (PTI) on Wednesday demanded of the Supreme Court constitute a judicial commission to probe the process of recent general elections, which delivered a “false and fraudulent” results rendering winners into losers and losers into winners.

Former prime minister and PTI founder chairman Imran Khan filed a petition in the Supreme Court under Article 184(3) of the Constitution through party’s Secretary General Omar Ayub Khan.

Senior lawyer Hamid Khan filed the petition, making the Federation of Pakistan through Ministry of Law, Justice and Parliamentary Affairs, Election Commission of Pakistan (ECP), Pakistan Muslim League-Nawaz (PMLN) through its President Shehbaz Sharif, Pakistan Peoples Party Parliamentarians (PPP) through Bilawal Bhutto Zardari and Muttahida Qaumi Movement (MQM) as respondents.

He prayed the apex court form a judicial commission consisting of serving Supreme Court judges holding no bias towards anyone to inquire, audit and examine the manner and process of general elections of February 8, 2024 and the developments that took place after compilation of “false and fraudulent” results rendering winners into losers and losers into winners.

The former prime minister further prayed that all the consequential acts of forming governments at the federal and Punjab levels be immediately suspended till the findings of the probe by the judicial commission are made public.

He prayed the court order all that, including requisite orders, directions and reliefs, is required to be done in the best interest of the nation, its electoral mandate and constitutional dispensation.

Imran submitted that there is abundant evidence in the form of video clips, media reports, and press statements by local and international media that is more than sufficient to order a judicial probe into what he termed an electoral fraud committed by the ECP to the benefit of respondents, including the PMLN, PPP and MQM.

“The Supreme Court cannot be a spectator in face of the grave situation of violation of the constitutional provisions and the failure to enforce fundamental rights under the Constitution,” Imran contended.

He submitted that the courts in Pakistan cannot turn blind eye to the obvious and apparent acts of high handedness, cruelty, oppression, suppression and violation of fundamental rights on the part of caretaker governments and illegitimately installed governments at the federal and provincial levels.

“That a political party, having elected members in the National and provincial assemblies, cannot be deprived of the 27 reserved seats in these assemblies in proportion of the elected members in accordance with Article 51 and 106 of the Constitution,” the PTI founder contended, adding that he would urge additional grounds in support of this petition at the time of its hearing.

“The intent, purpose and scope of Article 184(3) of the Constitution is to take cognisance of the situation prevailing in the country in consequence of the fraudulent and manipulated results of the general elections held on 8 February 2024,” Imran contended.

The former prime minister submitted that in view of the grave constitutional situation being presently faced by the country in the aftermath of manipulation and fraud in the matter of election results, it is the duty of the Supreme Court to take serious notice under Article 184(3) of the Constitution either suo motu or on application.

He submitted that the general elections to the National Assembly and four provincial assemblies were held on February 8 which were held after an inordinate delay and beyond the constitutionally mandated period of 90 days both in the case of the provincial assemblies and the National Assembly as given in Article 224 of the Constitution due a clear defiance of the Constitution.

He contended that the election results in a number of constituencies were compiled in violation of the Election Act and many leading leaders/ members of PMLN, PPP and MQM were declared as returned candidates despite their obvious and comprehensive defeats by huge margins as broadcast on private TV channel in the night of February 8, which was in utter violation of the law and Constitution.

“These private TV channels were then restrained from announcing results during the night of 8-9 February 2024,” the PTI founder submitted,

Similarly, he submitted that several other political parties; more particularly, Jamat-e-Islami, Awami National Party, Pashtookhwa Milli Awami Party and Balochistan National Party (Mangal) and Grand Democratic Alliance (GDA) are also protesting against this unprecedented and massive rigging, wherein all caretaker governments, in violation of their constitutional duty and mandate, colluded in this fraud upon the people of Pakistan by providing and extending the coercive machinery of the state in favour of PMLN, PPP-Parliamentarians and MQM, and their candidates.

The PTI raised some questions citing laws and Constitution, and enforcement of the fundamental rights, and asked for an authoritative judgement from the Supreme Court.

“Whether the Constitution of Pakistan guarantees political justice to the people of Pakistan through free, fair and transparent elections so that all constitutional, statutory, political and economic authority in Pakistan is exercised by the truly chosen representatives of Pakistan?

“Whether the ECP has failed to perform its duties as given in Articles 218, 221, 222 and other relevant articles of the Constitution as the elections held on 8 February 2024 were massively rigged and manipulated through the Returning Officers appointed by Respondent No 2?

“Whether the election results of several constituencies were compiled and announced through coercion and manipulation and in collusion with the caretaker governments, police officials and law enforcement agencies in violation of the law inasmuch as in several constituencies Forms-47 were issued 6 by the ROs in the most dubious manner and the same were not based upon Forms-45 that provide the basis for consolidation of results?”