Forgotten agreements: the ECP and Imran

According an agreement between the government and the PTI about the setting up of the Judicial Commission, both parties had given an undertaking to accept the verdict without any reservations. The PTI, in particular, had given the commitment to withdraw all its allegations if the verdict was against its stance, and said that the matter would be considered closed.
That was the essence of the agreement. But unfortunately Imran – staying true to his reputation of wriggling out of his commitments and taking somersaults on taken positions – did not accept the verdict ungrudgingly and found another scapegoat in the form of the Election Commission of Pakistan to continue with his mantra of rigging in the elections. He started demanding the resignation of the members of the ECP, using the procedural and administrative irregularities pointed out in the JC report as a red-herring.
In the wake of the decision for re-polling in NA-125 and NA-122 and NA-154 by the Election Tribunal he has started talking about rigging more vigorously than before, citing these decisions as a vindication of his rigging claims. He also threatened a sit-in (dharna) in front of the ECP in Islamabad on the 4th of October. Now even the PPP has also joined the chorus, though for all the wrong reasons. It is pertinent to mention that out of 21 political parties, including the PPP, none could provide credible proof of rigging to the JC.
After the verdict of the Judicial Commission, which comprised senior judges of the SC and the chief justice himself, declared the 2013 general elections as a true reflection of the mandate of the people and said that there was no credible evidence available in regards to systematic rigging, it is morally and legally wrong of Imran Khan to keep agitating the issue. His conduct constitutes an affront to the judiciary.
The decisions of the Election Tribunal which Imran Khan considers to be a vindication of his stance have not been given on the basis of any proven rigging but on the basis of procedural and administrative lapses which in a way negate the notion of rigging, the basis of the petitions filed in these constituencies.
The other very strong evidence against organised rigging claimed by Imran Khan is that more than 37 election petitions filed by the PTI have been dismissed by the Election Tribunals. How can he then claim that the elections were rigged?
As regards his demand for resignation of the members of the Election Commission, the issue needs to be understood in the light of the constitutional provisions on the subject. Article 215(2) stipulates: “The Election Commissioner or a member shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge and, in the application of the Article for the purposes of this clause any reference in that Article shall be construed as reference to the Commissioner or as the case may, a member”.
Article 209(5-6) says: “If on information from any source, the Council or the President is of the opinion that a Judge of the Supreme Court or of a High Court (a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity, or (b) may have been guilty of misconduct, the President shall direct the Council to, or the Council may on its own motion inquire into the matter. If after inquiring into the matter, the Council reports to the President that it is of the opinion that the Judge is incapable of performing the duties of his office or has been guilty of misconduct and that he should be removed from office, the President may remove the Judge from office.” The other constitutional avenue available is that the members resign on their own free will.
Viewed in the backdrop of the foregoing constitutional provisions, the demand of the PTI and of late the PPP has no legal or moral basis. It was a tactical political move which could have very serious repercussions. The ostensible purpose seems to have been to put pressure on the government and keep it engaged in political wrangling scuttling its ability to deliver.
In other words Imran is playing the role of a spoiler. The PPP, like the MQM, is now also trying to sabotage the Rangers operation in Karachi to keep the corruption done by its stalwarts under wraps.
The response of the Election Commission to the letter written by Imran Khan that it was not answerable to any individual or a political party is right and in conformity with the law and code of conduct for judges issued by the Supreme Judicial Council. Article-V of the Code of Conduct for judges says “functioning as he does in full view of the public, a judge gets thereby all the publicity that is good for him. He should not seek more. In particular he should not engage in any public controversy, least of all on a political question, notwithstanding that it involves question of law”.
The ECP and its members therefore cannot allow themselves to get embroiled in any political controversy like the issue of rigging of elections. The constitution provides appropriate avenues for it and Imran has already exhausted all of them.
According to media reports, three out of the four members of the ECP decided to resign. However, the reports proved to be wrong and the ECP emembers seem to have decided to stay on. If they were to resign it would be very unfortunate and a wrong precedent which might encourage other parties in the future to resort to such unconstitutional tactics to destabilise a sitting government or undermine the position of constitutional bodies like the Election Commission.
The ECP members should stay put and the Election Commission should defend their position by legal means and not allow Imran Khan to get away with his illegal and unconstitutional machinations. Their resignations will create more problems – and even a constitutional crisis.
It is advisable for the PTI and PPP to remain within the ambit of the law and constitution and try to resolve political issues through political channels. If reforms are required in the system then parliament is the appropriate forum to do that. The best course for the PTI would be to focus on contesting the by-elections and contribute to the electoral reforms through the parliamentary committee on the subject.
Imran Khan must revisit his ‘dharna’ politics and accept the fact that the PML-N is the most popular political party in the country. This has been amply demonstrated in the by-elections for NA seats in Punjab and Haripur in Khyber Pakhtunkhawa. The results of the 2013 general elections were probably the best PTI could achieve as it has also proved itself to be a party of the status quo. Imran probably would find it difficult to establish the credentials of his party as a harbinger of change in view of the damning report by Justice Wajihuddin on the internal affairs of the party, and the disqualification of some of its stalwarts.
The writer is a freelance contributor.
Email: ashpak10@gmail.com