Pakistan General Elections 2024

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PHC restrains verdict on PTI election​

Barrister Gohar regrets intra-party polls certificate still not published

Our Correspondent
December 12, 2023


pakistan terheek e insaf senator ali zafar and barrister gohar ali khan address the media outside the election commission of pakistan photo screengrab ptiofficial

Pakistan Terheek-e-Insaf Senator Ali Zafar and Barrister Gohar Ali Khan address the media outside the Election Commission of Pakistan. PHOTO: SCREENGRAB/@PTIofficial

PESHAWAR:
The Peshawar High Court (PHC) on Monday restrained the Election Commission of Pakistan (ECP) from issuing a final verdict on a plea challenging the PTI intra-party polls.

The polls supervisor is scheduled to hear the petition filed by estranged founding member of the former ruling party Akbar S Babar on Tuesday (today).
A two-member bench of the PHC comprising Justice SM Attique Shah and Justice Shakeel Ahmad heard a writ petition filed by the PTI.

PTI Chairman Barrister Gohar Ali, Qazi Muhammad Anwar, Shah Faisal Atmankhel, Muhammad Nauman Kakakhel and other lawyers appeared before the court.
During the hearing, Barrister Gohar informed the court that PTI intra-party polls were held on December 2 in Peshawar wherein the party chairman was elected unopposed. He said Akbar S Babar filed an application with ECP against these elections, noting that he was not a member of the party anymore.

The PTI chairman contended that the party polls were held under sections 208 and 209 of the Election Act 2017. He said these elections were organised every five years under the party’s constitution.

However, he termed Babar’s petition inadmissible, adding that the ECP did not have the authority to hear the plea.

Barrister Gohar said, despite the fact, a full bench fixed the petition for hearing on Tuesday (today) and adopted the stance that a decision could be taken even if nobody appeared on behalf of the PTI.

Expressing his reservations, he said the role of ECP with regard to PTI in the past while hearing the foreign funding or jail trial or any other case had been “biased”. He said the polls supervisor remained “partial” whenever any issue pertaining to the PTI came to it.

Justice Ahmed inquired whether the person who had filed the petition was still a member of the PTI to which Barrister Gohar replied that his membership had been terminated more than 10 years ago.

The PTI chairman maintained that his party’s intra-party polls were held under ECP’s September 13 directives and questioned how these elections could be declared unconstitutional.

Barrister Gohar informed the court that after the intra-party polls, he had submitted all the required documents with ECP so that the polls supervisor could notify them in the gazette, regretting that instead the party elections were challenged.

He apprised the court that no intra-party polls in the history of the country had been challenged till now, further noting that neither the ECP had issued a notice in this regard.

He observed that there was no provision in the law that authorised the election supervisor to hear cases pertaining to intra-party polls, adding that the ECP could “go to any extent against PTI as was revealed in the Toshakhana and other cases”.

Barrister Gohar asserted that PTI represented 70 per cent of the people but still its intra-party certificate was not published which was a “legal requirement”.
He requested the PHC to order the ECP to issue the certificate so that the party’s polls could get constitutional protection.

He feared that if the PTI intra-party polls were declared null and void, the election supervisor would announce the general polls schedule very next day.
After the preliminary hearing, the PHC restrained the ECP form issuing a final verdict on the petition challenging the PTI intra-party polls.

The court adjourned the hearing on PTI’s plea till December 19 while directing the ECP to submit voice comments on it.

Meanwhile, the PTI core committee in a statement, demanded of the ECP to allot the symbol of bat “immediately” for the upcoming general elections that are scheduled to be held on February 8.
 

ECP, caretakers ‘trying hard’ to ensure Nawaz wins two-thirds majority in polls: Aitzaz Ahsan

Nadir Guramani
December 9, 2023

Veteran politician and senior lawyer Aitzaz Ahsan has claimed that the Election Commission of Pakistan (ECP) and the caretaker government are trying to ensure Nawaz Sharif wins a two-thirds majority in next year’s general elections.

“The way things are going, they are trying to give Mian Sahib a two-thirds majority. The election commission, the administration and the caretakers [are in this]. However, it will not be easy,” Ahsan said in an interview on DawnNewsTV programme “Doosra Rukh” on Friday night.

Ahsan said Nawaz being prime minister was a forgone conclusion. “He already is prime minister. Today he’s getting the protocol of a prime minister. He has become PM for the fourth time. Now the rest of it is ceremonial.

“However, if there is a level playing field, PML-N will have a very minor part in the next [National] Assembly.”

He also called PML-N a ladla — favoured one. “PML-N has been given special treatment. [Nawaz] was in London for four years; has any prisoner or criminal been granted such permission? He [Nawaz] said he’d be gone for weeks.

“And the man [Shehbaz] who gave guarantees for him became the prime minister.

“Muslim League Noon are not just ladlay, they are ladla plus.”

Bat symbol
He also spoke about PTI’s attempts to retain its bat symbol for the upcoming general elections.

“There are several options they have — which I won’t be able to delve into — because I have shared them with my associate [PTI chairman] Gauhar Khan.”

He said even if the bat symbol is stripped from the PTI, “the bat symbol can come through other ways.

He said those who think they can “eliminate” parties, have forgotten how despite hanging Zulfikar Bhutto, the PPP came into power three times. “There can be no elimination. Benazir Bhutto was martyred. She has left this world. In that same year, her party came into power with a party prime minister and president.”

The embattled PTI has asked the ECP to immediately allot it the “bat” as its electoral symbol for the upcoming general elections.

The party, which has complained of the lack of a level playing field, termed the delay in issuance of the electoral symbol “unjustifiable” and “intolerable”.

Previously, PTI spokesperson had urged the watchdog to promptly release detailed decision in line with the verbal order given on Aug 30, as it had no legal and constitutional justification to withhold the party’s electoral symbol.

The spokesman made it clear that the concept of free, fair and transparent polls “without the largest and most formidable political force of the country was a farce”.

He added that the “conspiracy to keep PTI out of the electoral arena on the state-mandated and unknown technical grounds” was akin to an attack on the Constitution and political system of the country.
www.dawn.com
 
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PHC orders action in case of ‘discrimination’ against any political party ahead of polls

Bureau Report
December 14, 2023

PESHAWAR: The Peshawar High Court on Wednesday declared that if district administrations in the province were found to be discriminating against any political party in the run-up to the forthcoming general elections, the Election Commission of Pakistan should report them to the provincial chief secretary for action.

It also directed the ECP to seek reports from its district officers daily about the conduct of district administrations towards political parties for ensure they all get a level playing field for taking part in the polls.

In the five-page detailed judgement on a Pakistan Tehreek-i-Insaf contempt petition, a bench consisting of Justice Ijaz Anwar and Justice Syed Mohammad Attique Shah also “reminded the ECP of its constitutional obligation of conducting free and fair elections and providing a level playing field and equal opportunity to all political parties, including the PTI, without any discrimination.”

The petition was disposed of on Dec 7 after KP chief secretary Nadeem Aslam Chaudhry and ECP officials told the court that all parties were being “treated equally and in accordance with the law.”

Asks ECP to get reports about conduct of district admins from its officers daily

“We find ourselves satisfied by the commitments so made by the worthy chief secretary, Khyber Pakhtunkhwa and expect that he will follow the constitutional mandate and the law, and shall provide a level playing field to all political parties as committed before this court,” the bench observed in the verdict.

The petition was jointly filed by PTI provincial president Ali Amin Gandapur and legal coordinator Mashal Azam, and Insaf Lawyers Forum provincial vice-president Malik Arshad Ahmad, requesting the court to initiate contempt proceedings against the provincial chief secretary, Mansehra deputy commissioner and its district police officer for “not permitting” the party to hold a workers convention despite the court’s Oct 26 orders.

“We, in our earlier judgement, too, reiterated the powers and functions of the Election Commission of Pakistan, the interim setup and the administration and reiterate again that it is the constitutional duty of the Election Commission of Pakistan to organise and conduct the elections and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law.”

“Similarly, the caretaker setup is also bound under the law to assist the Election commission of Pakistan to hold elections in accordance with law, not to attempt to influence the elections or do or cause to be done anything which may, in any manner, influence or adversely affect the free and fair elections.”

The bench declared that the PTI was the only party, which was repeatedly approaching the high court with petitions either questioning the orders passed under the West Pakistan Maintenance of Public Order Ordinance or FIRs registered against their workers and political leaders or complaining about the denial of a level playing field and hurdles created for its campaigns to engage voters and supporters.

Advocates Shah Faisal Uthmankhel, Ali Zaman and Mohammad Inam Yousafzai had represented the petitioners and contended that the petitioners had so far been dealt with discrimination by authorities, which didn’t allow them to start the election campaign.

Referring to FIRs registered against PTI leaders and workers, they insisted that all those party activists were charged on political grounds.

Advocate general Aamir Javed, however, denied the assertion and claimed the PTI had been freely holding the workers conventions in the province with one organised in Peshawar only a day ago.

He insisted that the petitioners didn’t follow standard operating procedures formulated by the government for political activities.

The chief secretary informed the bench that on the directions of the court, certain SOPs were formulated with the consultation of the district administrations and senior officers and that all political parties would be treated accordingly.

Also, counsel for the ECP Sajeed Sheharyar Swati and Mohsin Kamran Siddique and ECP director general (law) Mohammad Arshad insisted that the Election Commission intervened whenever it received complaints regarding discrimination.

They also referred to an ECP letter written to the caretaker prime minister’s principal secretary on Nov 22 to ensure a “level playing field and equal opportunity” for all political parties without discrimination to carry out election campaigns.
 
Clear as daylight who will be the winner.

This would not auger well for the future.
 
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Electoral gender gap falls below 10m after a decade

Iftikhar A. Khan
December 18, 2023

 Ziauddin — ALTHOUGH men still outnumber women by a considerable margin in terms of registered voters, the gap between the two genders has fallen below 10m.—ECP data

Ziauddin — ALTHOUGH men still outnumber women by a considerable margin in terms of registered voters, the gap between the two genders has fallen below 10m.—ECP data

ISLAMABAD: As the number of voters across Pakistan swells to over 128 million per the latest statistics, the electoral gender gap for the first time in a decade has reduced to less than 10 million, with at least 59.32 million women (46.13pc) registered as voters compared to 69.26 million men (53.87pc).

An analysis of the data by Dawn showed that out of the total gender gap of 9.94m, Punjab contributes a difference of over five million, followed by Sindh (2.24m), Khyber Pakhtunkhwa (1.96m), and Balochistan (0.660m). The total number of registered voters in Punjab stands at 73.20m, including 39.12m (53.44pc) male and 34.09m (46.56pc) female voters.

Sindh has 26.99m people enrolled as voters, including 14.61m (54.13pc) male and 12.38m (45.87pc) female voters. Khyber Pakhtunkhwa has a total of 21.83m voters, out of which 11.94m (54.47pc) are men and 9.98m (45.53pc) are women.

The total number of voters in Balochistan is 5.37m — slightly higher than the gender gap among voters in Punjab. This includes a little over three million (56.15pc) male and 2.36m (43.85pc) female. In Islamabad’s over one million voters, the number of male voters is 0.568m (53.48pc), while 0.514m women (47.52pc) are registered on electoral rolls.

Difference between proportion of male, female voters lowest in two Balochistan, six Punjab districts

Gender gap

Just seven districts of Punjab contribute to a gender gap of around two million. These include provincial capital Lahore (0.414m), Faisalabad (0.384m), Gujranwala (0.256m), Rahim Yar Khan (0.254m), Kasur (0.221m), Sheikhupura (0.212m) and Sialkot (0.211m). Sheikhupura is the only district in Punjab to have a proportion of female voters below 45pc. The women in the district constitute 44.96pc of the total voters.

Other districts of the province with huge gaps include Bahawalpur (0.17m), Multan (0.17m), Vehari, Sargodha, Okara and Bahawalnagar (0.16m), Khanewal (0.14m), Sahiwal (0.14m), Dera Ghazi Khan (0.13m), and Muzaffargarh (0.12m).

Punjab, on the other hand, has the distinction of having six out of a total of eight districts across the country with more than 48pc women voters.

The other two districts are from Balochistan, where 20 out of 35 districts have a difference of over 10pc in the numbers of male and female voters.

Chakwal is at the top with the proportion of women voters as high as 49.42pc, followed by 49.02pc in Talagang, which used to be part of Chakwal before it was declared a district last year. Jhelum has 48.53pc female voters followed by Rawalpindi with 48.49pc, Attock with 48.31pc, and Khushab with 48.15pc women voters. Balochistan’s Sohbatpur and Usta Muhammad districts have 48.72pc and 48.07pc women on the electoral rolls.

As many as eight districts of Sindh have a gap of over 100,000 in the number of male and female voters, which includes three districts having less than 45pc women enrolled as voters. In Keamari, the proportion of women among registered voters is as less as 41.87pc, followed by Karachi West (42.30pc) and Malir (43.36pc).

Karachi (Central) had a gap of 0.16m among the male and female voters. The other districts with a gap of over 100,000 include Karachi (East), Karachi (South), Korangi, and Hyderabad.

Khairpur, Matiari, and Umer Kot are the only three out of 30 districts in Sindh to have more than 47pc women among registered voters. Eight of the 36 districts in KP, including the provincial capital, have less than 45pc women on the electoral rolls. In Peshawar, the gender gap is 0.22m and the percentage of women among voters is 44.71.

The worst is the case with South Waziristan (Lower), where the percentage of women among voters is just 34.54. In South Waziristan (Upper) women make up 44.63pc of the voters. In North Waziristan, the percentage is at 42.09. The other districts with lower percentage of female voters include Mohmand (42.41pc), Hangu (43.98pc), Upper Dir (44.59pc), and Lower Dir (44.67pc). Haripur and Kohistan are the only two districts of the province to have over 47pc of registered women voters.

At the time of the 2007-08 general elections, the gap between male and female voters was 9.70m. In 2013, it increased to 11m. After the revision of electoral rolls in 2015, the gap jumped to 11.65m. After another revision in 2016, it swelled to 13.17m. The gap at the time of general polls in 2018 was 12.49m. The gap was as high as 12.72m in July 2020 but shrunk to 12.41m in October of the same year. In November 2021, the gap was brought to 11.81m.

According to voters’ data posted on ECP’s website in May 2022, the gender gap stood at 11.30m. The electoral rolls were revised in June, bringing down the number of voters from 124m to 120m. This was done after the disclosure that at least four million voters registered in the rolls had passed away.
 


 

PA poll candidates upset over fresh delimitation in Mansehra

Nisar Ahmad Khan
December 18, 2023

MANSEHRA: The fresh delimitation by the Election Commission of Pakistan have ‘dimmed’ the prospects of electables to secure a win in the coming elections as some major alterations have been made to the provincial assembly constituencies in the Mansehra district.

The Election Commission of Pakistan is set to hold the Feb 8 elections on fresh delimitations.

There are five provincial assembly constituencies in the district.

However, two National Assembly constituencies – NA-14, Mansehra-I and NA-15, Mansehra-II – are mostly unchanged.

PK-36, Mansehra-I, which earlier covered the entire Balakot tehsil, now has Laborkot, Attershisha, Chahr and Mungan areas of Mansehra tehsil included in it after excluding these areas from PK-37, Mansehra-II.
 

Karachi’s voting choices disappoint Nawaz despite achievements​

It's disheartening when the work is ours, but the vote goes elsewhere, laments the ex-PM

News DeskD
ecember 18, 2023


former prime minister nawaz sharif addressing a parliamentary board meeting in karachi on december 18 2023 photo twitter pmln org

Former prime minister Nawaz Sharif addressing a parliamentary board meeting in Karachi on December 18, 2023.

Expressing disappointment over the electoral choices of the people of Karachi, former prime minister and Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif on Monday stated that peace in the country’s financial capital was restored during the tenure of his government but the votes went to other parties.

He expressed these remarks while addressing a parliamentary board meeting in Karachi. He urged the people of Karachi to introspect, stating, "Look within yourselves; it's not a good thing when the work is ours, but the vote goes elsewhere. We worked [for Karachi] with sincerity."

Sharif highlighted his commitment to development projects for Karachi and Sindh, asserting, "In my mind, there is a project. The Karachi-Hyderabad motorway has been built, but in my view, it's not a motorway. We will build a Karachi-Hyderabad motorway that surpasses the standard of Lahore-Islamabad motorway."

The former premier questioned the lack of progress in Karachi and demanded answers from the Pakistan Tehreek-e-Insaf (PTI), which emerged as the leading party in the city following the 2018 general elections.

"We initiated development, including the Green Line in Karachi, Orange Line in Lahore, and metro buses in Punjab. Why has there been no progress in Karachi since our tenure? We established a nuclear power plant with a capacity of 22,000 megawatts. Karachi acknowledges that I brought peace, but when it comes to voting, it goes elsewhere,” he lamented.

Expressing the same sentiments for Chitral, Sharif noted, “Chitral residents accept that I built the [Lowari] tunnel worth Rs50 billion. However, in elections, the vote went to Jamaat-e-Islami. I ask Chitral residents if it's fair that we build tunnels for you, and you vote for someone else.”

Denying allegations of wrongdoing, Sharif defended his record, saying, "Despite spending more time in prison than in government, facing false cases that ended in acquittals, we did not lose courage. Today, we are here."

Reflecting on his past terms as premier in 1999 and 2017, the PML-N supreme leader said he was surprised when he was ousted from the prime minister’s office. "In 2017, the country was prosperous, CPEC was underway, petrol prices were low, and the rupee was strong. However, a selected person was brought in to replace me.”
 

PHC questions polls transparency amid crackdown​

Reserves order on maintainability of PTI’s plea seeking judicial oversight of elections

Yasir Ali
December 19, 2023


a lawyer walks past in front of the peshawar high court building photo afp

A lawyer walks past in front of the Peshawar High Court building. PHOTO: AFP

PESHAWAR: The Peshawar High Court (PHC) has reserved its order on maintainability of a writ petition seeking judicial oversight of the February 8 general elections. The court has, however, raised questions over transparency of elections being held amid a crackdown against “a political party”.

A division bench of the high court, comprising PHC Chief Justice Mohammad Ibrahim Khan and Justice Shakeel Ahmed, on Monday took up the petition filed by Moazzam Butt, a lawyer associated with the PTI, against appointment of election supervisors from civil bureaucracy.

The Election Commission of Pakistan (ECP) on December 12 announced appointing District Returning Officers (DROs), Returning Officers (ROs) and Assistant Returning Officers (AROs) from bureaucracy.

The PTI challenged this move in provincial high courts including the Lahore High Court (LHC) and the PHC. A single-member bench of the LHC on December 14 suspended the ECP notifications.

However, a three-member bench of the Supreme Court on December 15 suspended the LHC order, noting that the LHC “with a stroke of pen” stopped a total of 2,753 DROs, ROs and AROs from performing their duties “thereby derailing the process of elections”.

Issuing a contempt notice to the PTI’s lawyer who had filed petition in the LHC, the SC noted that while ordering the ECP to announce the election date in consultation with the president, the apex court had stipulated that, “no one should be allowed to put forward any pretext to derail democracy”.

During the hearing of the case on Monday, Justice Shakeel Ahmed asked if the PHC could proceed with the hearing in this case after the recent Supreme Court decision.

“What will be the future of this case if we continue hearing it? The Supreme Court has clarified many important points in its decision on December 15,” he said.

Justice Mohammad Ibrahim Khan said: "Since the Supreme Court has given a verdict, it cannot be ignored; it is essential for all to abide by it."

The ECP had claimed in the Supreme Court that it had first approached the provincial high courts for provision of poll supervisors but all the high courts had declined the request.

The PHC chief justice, however, took exception to the claim, stating that the ECP wrote a letter to the high court on July 1, requesting officers to be deputed as DROs, ROs and AROs.

"However, the PHC directed the ECP to contact the National Judicial Policy Making Committee in this regard, as this committee had imposed restrictions on the judiciary's role in the elections and only it can provide this permission."
 

Top lawyers’ bodies raise concerns over discrepancies in election procedures, CEC’s conduct

Haseeb Bhatti | Irfan Sadozai
December 19, 2023

With general elections a little over a month away, the Supreme Court Bar Association (SCBA) and the Pakistan Bar Council (PBC) on Tuesday raised concerns over the poll procedure and the conduct of Chief Election Commissioner (CEC) Sikander Sultan Raja.

The top bodies representing the legal fraternity underscored the need for a level playing field and equal opportunities for all stakeholders in the general election scheduled to be held on February 8.

According to a press statement, SCBA President Shahzad Shaukat and Secretary Syed Ali Imran expressed deep concern regarding “mounting discrepancies in election procedures, delimitations and seat allocation” during the 26th executive committee of the association.

They also raised “serious questions about the transparency of elections” under the incumbent CEC.

The two expressed concerns about the commission’s “competence in terms of rising discrepancies in the electoral process close to upcoming elections which raises valid doubts about jeopardising the fairness and impartiality of the electoral process,” the SCBA statement said.

It highlighted that the association “asserts that elections are the cornerstone of the democratic process in the country and must be held on time”.

“Mere adherence to election timelines without addressing grievances may undermine stability rather than contribute to it,” it said, adding the failure to address discrepancies in the electoral process earlier had not only harmed the country but also risked the failure of “achieving meaningful results”.

“Therefore, it is imperative to address these issues effectively to safeguard both the democratic process and national resources,” it pointed out.

It further said that polls should be conducted in a free, fair, and transparent manner, while providing equal opportunities to all stakeholders.

“However, SCBA believes that to achieve the aforesaid objectives, the present CEC should go home as under him, fair and impartial elections with equal opportunity for all, are not possible,” the statement concluded.

In a separate statement, PBC Chairman Hasan Raza Pasha and Vice Chairman Haroonur Rashid raised similar concerns and highlighted the growing perception that elections could not be conducted freely and fairly under CEC Raja.

“A glaring example is the matter of allocation of two National Assembly seats to the CEC’s own native district Jhelum, with a population of 1,382,000 while district Hafizabad, with a population of around 1,320,000, is allocated only one seat,” they said, adding that a similar imbalance was also observed in the allocation of seats for Rawalpindi.

The statement noted that despite its lower population compared to the Gujranwala division, an additional seat had been allocated to Rawalpindi, raising questions about the transparency of the electoral process.

“It is evident that the conduct of the CEC raises serious doubts about the integrity of the general elections, presenting an environment that appears to lack transparency entirely,” the statement said.

“In the light of these circumstances, the PBC cannot turn a blind eye to these critical matters. They stress that the Supreme Court of Pakistan, as the highest constitutional court, must take notice of these discrepancies instead of endorsing every act of the CEC.

“The PBC firmly believes that the primary objective is not merely holding elections but conducting them in a free, fair and transparent manner, providing equal opportunities to all stakeholders,” it added.

The PBC further said that it would soon convene an all-Pakistan representative convention to formulate and announce a line of action in consultation with the SCBA.

“The aim is to ensure the cause of free, fair and transparent general elections which is not possible in the presence of incumbent CEC, as it seems, he has different codes for every political party or individual,” the statement concluded.

ECP rejects claims of seat allocation​

Meanwhile, the ECP rejected the PBC’s claims that CEC Raja had allocated additional seats in his hometown.

In a press release, the electoral body clarified that the CEC’s native constituency was NA-82 in Sargodha district and no additional seat had been allocated there.

“The commission has expressed that it cannot allocate additional seats on the personal wishes of any individual,” the ECP said, adding that the watchdog would not be pressurised or blackmailed by anyone.

Today’s developments come as a number of petitions have been filed in the top court challenging the delimitation of constituencies, especially in Balochistan.

A day earlier, while hearing one such plea, the top court had ruled that objections against delimitations could not be raised after the election schedule was released, slamming doors of any possible delay in the Feb 8 general elections.
 

ECP defers Imran, Fawad’s indictment in contempt case

Irfan Sadozai
December 19, 2023

The combo photo shows ex-premier Imran Khan and former federal minister Fawad Chaudhry. — File

The combo photo shows ex-premier Imran Khan and former federal minister Fawad Chaudhry. — File
The Election Commission of Pakistan (ECP) on Tuesday once again deferred the indictment of ex-premier Imran Khan and former federal minister Fawad Chaudhry in a case pertaining to contempt of the electoral body and the chief election commissioner (CEC).

A four-member bench of the ECP arrived at the Adiala Jail early morning, where both Imran and Fawad are incarcerated, to charge sheet the politicians.

The ECP had on Dec 6 decided conduct Imran and Fawad’s jail trial in light of the interior ministry’s denial to produce the former premier before the commission, citing security concerns.
 

PHC reserves judgement on plea for polls under judiciary’s supervision

Bureau Report
December 19, 2023

PESHAWAR: The Peshawar High Court (PHC) on Monday reserved its verdict about the maintainability of the Pakistan Tehreek-i-Insaf’s petition for holding the Feb 8 polls in the province through judicial officials under the supervision of the judiciary.

During the hearing, a bench comprising Chief Justice Mohammad Ibrahim Khan and Justice Shakeel Ahmad questioned if it could continue hearing the case after a Supreme Court bench suspended the Dec 13 Lahore High Court’s stay order against the appointment of district returning officers, returning officers and assistant returning officers from the executive.

The high court’s CJ said as the apex court had issued a verdict on the matter, that couldn’t be ignored.
Justice Ahmad wondered if the bench could continue hearing the PTI’s petition after the apex court’s verdict and if so, under what law that would happen.
Declares SC’s verdict on elections can’t be ignored
Petitioner Mohammad Muazzam Butt, a senior lawyer and spokesperson for the PTI, informed the bench that the Supreme Court had suspended the LHC’s judgement but didn’t say anything about the case pending with the PHC against the appointment of deputy commissioners as DROs for elections.
He also said those DCs recently issued hundreds of orders for the detention of PTI activists under Section 3 of the Maintenance of Public Order (MPO).

Provincial advocate general Aamir Javed, additional advocate general Daniyal Khan Chamkani showed up for the provincial government, additional attorney general for Pakistan Sanaullah for the federal government, and lawyer Mohsin Kamran Siddique for the Election Commission of Pakistan.

Butt told the court that the PTI did not want any delay in polls but the appointment of ROs and DROs for them was made with mala fide intent.

“We have no issues with general elections as long as they’re held in a fair and transparent manner and according to the Constitution,” he said.

The petitioner said polls were being held on the orders of the Supreme Court, which would never want democracy to be derailed and billions of rupees go to waste.

The CJ observed that the court had received a letter about the appointment of ROs and DROs from the judiciary but it issued directions for consultation with the National Judicial Policy Making Committee, which had imposed restrictions on the judiciary’s role in elections.

He added that only the committee could allow the holding of polls through judicial officials under the supervision of the judiciary.

Additional attorney general Sanaullah told the court that orders under Section 3 of the MPO were issued by the then administrative officers as a law and order situation had developed.

He added that had those officers issued any order raising questions about the transparency of elections, the right for judicial review was still there.

The advocate general said the apex court had made it clear that it was the mandate of the Election Commission to appoint ROs and DROs for elections and that notices had been issued to advocates general of all provinces.

He added that the petition had become infructuous after the Supreme Court’s orders for Feb election

“We cannot go against the orders of the Supreme Court in any case. We have to see them,” the chief justice observed, adding that the chief election commissioner himself was monitoring the entire electoral process.

ECP lawyer Siddique informed the bench that the commission had terminated all political appointments and was monitoring all matters in the run-up to elections.

He said DROs didn’t perform their duties as members of the district administrations with their work falling in the ECP’s jurisdiction.

The counsel said the Supreme Court had suspended the Lahore High Court’s decision to suspend DROs and served a show-cause notice to the petitioner for filing the case against their appointment.

Published in Dawn, December 19th, 2023
 

Imran Khan to contest elections from three constituencies:

Dawn.com
December 20, 2023

The PTI on Wednesday said former prime minister Imran Khan, who is incarcerated at Adiala Jail, would contest the upcoming general elections from three constituencies.

On August 5, a trial court in Islamabad had convicted Imran in a case filed by the Election Commission of Pakistan (ECP) that involved concealing details of state gifts and jailed him for three years.

The verdict meant he was disqualified from contesting general elections for five years. However, the same month the Islamabad High Court (IHC) had suspended Imran’s three-year sentence but he still remains in jail in other cases.

Earlier this month, the Islamabad High Court had reserved its verdict on Imran’s petition seeking the suspension of his conviction in the Toshakhana gifts case.

In a media talk outside Adiala Jail today, Barrister Ali Zafar said: “Imran Khan sahib wants to inform that he will be contesting elections from at least three constituencies of Pakistan.”

He said the IHC was set to release its verdict on Imran’s petition challenging conviction in the Toshakhana case. “We hope that the judgment will soon be announced because the [election] schedule has been released,” the lawyer said, hoping that the verdict would be in the PTI’s favour.

Barrister Zafar said all the PTI workers had been given directions to file their nomination papers as the country had entered into the election mode.

“As long as the PTI candidates are concerned, our workers in jail, who have rendered sacrifices for the party in this difficult time, would be 100 per cent allotted tickets on a priority basis,” he said.

“The rest of the candidates have also been finalised and their names will be announced soon,” Barrister Zafar stated.

He also said that stopping party workers from filing nomination papers was an “undemocratic exercise” and would jeopardise free and fair elections. “We request the ECP to take action on this,” the lawyer added.

Meanwhile, PTI Chairman Gohar Khan said the party wanted elections to be held on February 8 at any cost. He highlighted that his party had time and again stressed the need for a level playing field for all political parties.

“Today, we were very upset at what Shah [Mehmood Qureshi] sahib told us,” he noted, claiming that the PTI vice chairman’s nomination papers had been “snatched” from Qureshi’s secretary.

“Snatching nomination papers from people on the street would make these elections a shame,” he said.

Barrister Gohar added that Imran would be provided with his nomination papers tomorrow, vowing that “Khan sahib will contest these polls, God willing”.

“Khan sahib has asked all the party workers to file their nomination papers,” the PTI chairman said, adding that the decision to allot party tickets would still be taken by Imran. He further revealed that the PTI founding member would contest elections from Lahore, Mianwali and Islamabad.

Barrister Gohar said he too would participate in the upcoming polls from Khyber Pakhtunkhwa’s Buner.

Meanwhile, PTI leader Latif Khosa also complained about issues pertaining to the submission of nomination papers and said the party was filing writ petitions in all high courts in this regard.

He said the party would aim to obtain executive orders from the courts so that no candidate would encounter any obstacles in submitting their nomination papers.

Khosa hit out at the PTI’s opponents, saying that they were still afraid of entering the electoral battlefield against the party.

“The time for banning any party has passed and finished. Banning does not come under the executive’s domain,” he said. Khosa added that the PTI chief himself had ordered him to contest the elections despite the lawyer’s reluctance to do so.

He added he would submit his own nomination papers from Lahore in a few days.

 

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