report in The Express Tribune, Dec 9th, 2023
ISLAMABAD: The PTI’s recently-held intra-party elections were thrust into uncertainty on Friday after the Election Commission of Pakistan (ECP) issued the party a notice on a plea seeking to have the polls declared null and void.
A five-member bench, presided over by the chief election commissioner, held a preliminary hearing on 14 applications, seeking nullification of PTI’s intra-party elections.
In the hearing, estranged PTI founding member Akbar S Babar’s legal representative asserted that all parties conduct intra-party elections, citing the election commission’s directive to the PTI.
A public notice was issued on November 30, and elections were held two days later, without a voter list being disclosed or the election schedule being announced.
The ECP Sindh member inquired Babar’s counsel whether his objections to the intra-party polls’ method were in light of the procedure specified in the PTI’s constitution. However, the lawyer clarified that such a method was not part of the party’s constitution. “The party’s constitution says that all registered members can vote,” he said, adding that it does not specify the procedure for conducting intra-party polls.
“If the party constitution does not specify an election method, then the polls should be held under the Elections Act. The PTI’s intra-party elections were held in violation of the act,” he argued.
Regarding the client’s status as a party member, the Sindh member was informed that Babar was still a party member, with a high court decision confirming the same.
Babar’s counsel requested the court to nullify the PTI’s intra-party elections, advocating for fresh elections to be held via a third party.
Asked for evidence, the Khyber-Pakhtunkhwa (KP) ECP member was informed that video evidence was available with the petitioner to substantiate the claims. The member further asked the petitioner’s counsel how party nominations going unchallenged was the ECP’s problem. To this, he responded that his client was not even provided the nomination papers.
“No voter lists were created, and no arrangements were put in place. The party chairman was unilaterally appointed behind closed doors. Nomination papers were not issued, and there was no scrutiny of these papers, nor were final lists compiled,” the counsel emphasized.
Lawyer Raja Tahir Abbasi argued that these elections were a farce, with incarcerated individuals being appointed to positions. Expressing disbelief, he questioned, “Yasmin Rashid is in jail, and Ali Amin Gandapur is absconding; how were they even nominated?”
The chief election commissioner queried if the party was sent a written complaint regarding the matter. To this, the lawyer responded in the negative.
Subsequently, the election commission notified the PTI, scheduling a hearing for December 12.
During the hearing, a crowd had gathered outside the ECP protesting ‘fake elections’.
The internal polls – which saw Barrister Gohar Khan assuming the role of party chairman – have been facing scrutiny and criticism from both the founding member and other parties.
Legal experts believe that because of the many legal flaws in the hurriedly-held elections, Babar’s position in the judicial forum will be strengthened.Babar had earlier announced that he would challenge the PTI’s intra-party elections, describing them as a “selection”.
Babar, who had filed the foreign funding case against the PTI, rejected Imran’s nomination of Barrister Gohar Ali Khan as a candidate for the party chairman’s position.
In a statement, Babar said the nomination of the new PTI chairman had raised serious questions about the transparency and credibility of the entire intra-party election process.
He continued that a party, which championed transparency and a level playing field in the national elections, was shying away from allowing its workers an equal opportunity to elect its leadership without interference and manipulation.
https://tribune.com.pk/story/2449338/pti-issued-notice-on-pleas-challenging-intra-party-polls
