ECP still in a fix over SC verdict on reserved seats

ISLAMABAD: The Election Commission of Pakistan (ECP) is still undecided on the implementation of the Supreme Court verdict regarding the eligibility of PTI for reserved seats and has decided to seek opinion of legal experts on the matter.

Sources told Dawn the ECP met here to deliberate on the Supreme Court’s judgement on reserved seats and its September 14 order in response to the clarification sought by the commission.

In its latest order, the top court has sought immediate implementation of its majority judgement in the reserved seats case and warned of consequences if this was not done.

During the meeting, the ECP law wing, while raising legal questions, maintained that the PTI had no organisational structure. The law wing also referred to a controversial election law, apparently aimed at circumventing the Supreme Court verdict on reserved seats and sap the expected strength of PTI in parliament, bulldozed through both houses of parliament last month.

Decides to seek opinion of legal experts; gives PTI ten more days to submit documents related to party polls

Under the amendment, a political party will not be allocated seats reserved for women and non-Muslim candidates if they fail to submit their list for the reserved seats within the prescribed time.

The law, designed to have retrospective effect, also provides that candidates should be considered independent lawmakers if they had not filed a declaration with the returning officer about their affiliation with a particular political party before seeking the allotment of a poll symbol.

The amendments to sections 66 and 104 of the Elections Act also included provisos declaring that the proposed amendments would take precedence over court orders, including the Supreme Court.

Following the briefing by the legal team, the ECP decided to consult legal experts on the reserved seats’ verdict.

A source said the ECP will meet again on Thursday for consultations with legal experts at 11am.

Intra-party polls

Meanwhile, the ECP gave 10 more days to PTI to submit documents related to its intra-party elections and adjourned the hearing till October 2.

A three-member bench, headed by ECP Member from Sindh Nisar Ahmed Durrani, heard the case.

During the hearing, when the ECP member from Balochistan questioned whether PTI’s intra-party elections were conducted in Chamkani, Peshawar, Barrister Gohar Ali Khan said the elections took place in Islamabad.

An ECP official, during the hearing, warned that the PTI could face an uncertain future without an organisational structure, if the results of the intra-party elections were not recognised.

He also said that under Section 208 of the Elections Act, there should have been a five-year gap between two intra-party elections.

Later, talking to reporters outside the ECP, Barrister Gohar sought ECP’s orders to get back the documents taken away by FIA during a raid on PTI office.

Stressing that his party conducted most transparent elections, he regretted that the ECP was finding faults with the exercise while it overlooks deficiencies in the elections held by other political parties.

The ECP also heard the intra-party elections case against JUI-F and reserved its judgement after the party sought two more months to complete the exercise.

When the JUI-F lawyer sought 60 days, the chief election commissioner warned that poll symbol can be withdrawn and a party can be de-notified over failure to hold intra-party elections.

Published in Dawn, September 19th, 2024